Do older women face more discrimination than younger women and can older women sue for sex discrimination when a younger woman is treated better? This is known as “sex plus age” discrimination. Believe it or not the law is not settled on whether an older woman can claim sex (gender discrimination) based on a combination […]
I have a lot of clients in Texas that come see me when they are severely injured at work asking if they can sue their employer for the injuries they receive. Texas is unique in that it does not require an employer to carry Texas Workers’ Compensation. Every other state, including New Mexico require employers
Can you sue your employer for your injuries if they have Texas Workers’ Compensation. Read More »
In Texas you can record someone without their knowledge as long as you are part of the conversation. But there is no leaving hour cell phone in a room and leaving so you can hear or record what the people in the room say when you leave is extremely dangerous and could be a second
The Dangers of Secretly Recording a Conversation to which you are not a party Read More »
New Mexico follows the at-will employment doctrine that states that absent a contract, your employer can fire you for any reason that is not an illegal reason or against public policy. The key words here is “absent a contract” because under New Mexico law your employer can easily create an implied contract. An implied contract
Implied employment contract in New Mexico. Read More »
In New Mexico at-will employment is still alive and well. In Melnick v. State Farm the Court stated that “Employers are entitled to be motivated by and to serve their own legitimate business interests, and they must have wide discretion and flexibility in deciding who they will employ in an uncertain business world.” The employers’ interests
At-Will Employment in New Mexico. But there exceptions. Read More »
Did you give your employer sufficient notice that you were injured at work? Can you prove it? If not, you may be denied coverage for your work injury. If your employer carries workers’ compensation what is the first thing that you should do? I see people every week who come in to see me because
What do you do when you first have a work injury? Read More »
Trailer Manufacturers can be held liable for Deaths from Collision with cars because they do not have proper lighting or proper undercarriage protection. Seven people died after a car that was running from the U.S. Border Patrol crashed early Thursday morning, June 26, 2020 in Downtown El Paso.The deadly crash happened at 2:17 a.m. on
The Federal Courts of Appeals continue to make it difficult to prove that you are discriminated against even when they make racist statements. The way that the 5th Circuit Court continues to allow employers to get away with racism is by using the doctrine of “stray remarks”. Stray remarks is the doctrine that just a
What Proof do you need to show direct evidence of discrimination? Read More »
The Fair Labor Standards Act (FLSA) allows you to go back and collect 2 years of back wages for the nonpayment of overtime or minimum wage unless the employer’s actions are “willful” in which case you can go back 3 years. In the case of Hoenninger v. Leasing Enters, (2020) the employee’ appealed the trial
How far back can you sue your employer for not properly paying overtime or minimum wage? Read More »
If you are off on FMLA leave your employer cannot retaliate against for taking or requesting FMLA. While many types of retaliation require you to prove that “but for” you taking certain action (ex: requesting not to be sexually harassed) you would not have been fired or disciplined. Recently a Federal District Judge was asked