If you have been disciplined, targeted, or even terminated at your place of employment for potentially unlawful reasons, it is important to connect with a workplace retaliation lawyer New Mexico workers trust. By speaking with the experienced and knowledgeable legal team at Davie & Valdez, P.C., you can clarify your rights and options under the law and position yourself to make informed decisions about your situation as it evolves.
Workplace Retaliation Lawyer New Mexico
Retaliation generally occurs when an employer mistreats a worker for an unlawful reason. Retaliation may be rooted in discrimination, harassment, or maybe triggered by an employee’s decision to exercise a legally protected right. Sometimes these motivations can even overlap. When retaliation occurs, employee mistreatment may manifest in a variety of different ways. Although termination is the most obvious example of unlawful retaliation, employees may also be taken off client accounts, maybe reassign job duties, may be denied various privileges of employment, or may otherwise be treated in noncompliance of employment discrimination law.
What Does Retaliation Look Like?
It is generally a good idea to connect with a New Mexico workplace retaliation lawyer if you are being mistreated at work, even if you’re unsure of whether the circumstances you’re facing are unlawful. Discrimination, harassment, and retaliation aren’t always obvious and, far too often, workers who are being mistreated are left wondering whether they are simply being “too sensitive” about the ways in which they are being treated. By speaking with our team and telling us your story, you’ll be able to clarify whether the mistreatment you’re suffering is unlawful or not.
Retaliation may look like cutting back your hours because you chose to take maternity leave. Retaliation may look like firing you for performance issues that aren’t well-supported because your boss simply doesn’t want to work with someone who looks like you or practices your religion or is as old as you are. In either of these two examples, it would be extraordinary if an employer explicitly voiced that their reasoning for disciplining you or subjecting you to adverse action was because of your choice to take leave or because of your membership in a protected class. Instead, they would likely make up some excuse that doesn’t hold water. This is why it is important to speak with an attorney if you’re being mistreated. Retaliation isn’t always obvious and it may take an attorney’s practiced eyes to spot it clearly.
What is Wrongful Termination?
When you’ve experienced retaliation in the workplace, you’ll need the help of a workplace retaliation lawyer New Mexico trusts if you want to get back on your feet. Fortunately, the professionals at Davie & Valdez P.C. are standing by to help you get the justice, compensation, and closure that you deserve.
But what does workplace retaliation really look like? In some cases, it can be as severe as a termination. You shouldn’t be fired because you were brave enough to stand up for yourself and others – and you shouldn’t be fired for taking a stand against a toxic workplace. If you suspect you were fired for wrongful reasons, and you feel your former employer should be brought to justice, read on to learn more and see how we can help.
What Qualifies as Wrongful Termination?
Most employment is considered “at-will”, which means that both you and your employer are able to terminate your employment whenever either of you feels like it. However, there are some instances in which “at will” doesn’t really apply. Any termination that falls outside of “at will” employment can be viewed as a wrongful termination.
For example, if you were ordered to do something illegal as a term of your employment and you were fired for refusing, it doesn’t count as a “legitimate” termination and you could file a wrongful termination suit to get compensation. Additionally, if you were fired before your employer could satisfy their end of your employment contract (i.e. they fired you without paying you) you could also file a wrongful termination lawsuit.
There are also laws in place that are intended to protect employees based on their ethnicity, religion, or sexual orientation. If you believe you were fired because of one of these protected classes, you may also have a wrongful termination suit on your hands.
How Can a Workplace Retaliation Lawyer Help?
If you were fired after you called attention to dangerous, discriminatory, or otherwise unsavory business practices during your employment at a company, you may want to get in touch with a New Mexico workplace retaliation lawyer to get the compensation you deserve. You shouldn’t be punished for speaking out, and a lawyer can make sure you’re well-defended in the event of a wrongful termination.
When you get in touch with a workplace retaliation lawyer, you’re getting a helpful legal team that can go over the specifics of your case to determine whether or not your termination really qualifies as a wrongful termination. They can then help you take your former employers to court so you can finally get justice and closure after dealing with their hostile workplace.
Get in Touch with Davie & Valdez P.C. Today
If you experienced workplace retaliation, there’s no time to spare. Get in touch with Davie & Valdez P.C. today, and see how a New Mexico workplace retaliation lawyer from our office can make a difference.
Legal Assistance Is Available
If you haven’t already done so, consider scheduling a confidential, risk-free consultation with the team at Davie & Valdez, P.C. Meeting with us will not – in any way – obligate you to take any sort of legal action or even to file a complaint with your company’s human resources department. This meeting will be confidential and all decisions about your situation will be made by you.
Our New Mexico workplace retaliation lawyer team isn’t here to “sell you” our services, nor are we ever going to pressure you into making one decision or another. It is simply our job to evaluate your situation and to provide you with personalized guidance so that you can make empowered, informed decisions about how you’re being treated at work. We look forward to speaking with you.
Steps To File a Workplace Retaliation Claim
It may be a good decision to file a workplace retaliation claim with the help of a New Mexico workplace retaliation lawyer if you have experienced retaliation from an employer after being wrongfully terminated, reporting a workplace violation or other issue. These types of claims are a long and involved process, and when you are dealing with the pressure to file a claim, you may need the assistance of a lawyer who has experience assisting clients on a number of scenarios. When your employer is the one giving you a difficult time for actions that you have a right to do, it can be hard to advance in the process. Having a lawyer to guide you can make the experience easier because they can be your advocate to ensure that your rights are being protected.
Submit a Complaint
One of the first things that you should do is to explain what your situation is. There are several departments that you are able to file a retaliation claim with, depending on the size of your company. You can start with your human resources department and explain to them your situation. They can tell you about the next steps that you need to take. If they are not taking you seriously or take no action to address your experience properly, you may need to go to the Equal Employment Opportunity Commission (EEOC) for further steps.
Gather Evidence
When you are preparing a workplace retaliation claim, gather as much evidence as you can so that you can have a lot of pieces of evidence to show the lawyer. Having a large body of persuasive substantial evidence is crucial to filing a retaliation claim to support your statement. Evidence should include messages like emails, text messages, documents and other forms of correspondence. You can also include financial records such as pay stubs, such as if you are dealing with an issue like reduced wages.
Follow Up With Your Report
Once you have filed your report, do not just stop there. You must take the time to follow up and see what is being done to address your report. As an experienced New Mexico workplace retaliation lawyer like one from Davie & Valdez P.C. can tell you, sometimes the HR department will not take your report seriously, or they may purposely be slow in investigating your report and taking the relevant action to deal with your scenario. Do not let them get away with such behavior. Check in with them and ask them directly about what they are doing about your report so that it can be processed right away.
Hire a Lawyer
Being confronted with a serious workplace retaliation any kind of workplace issue can be a highly stressful and intimidating experience. When your job and livelihood is at stake, knowing the right decisions to make in order to improve your situation is not always easy. That is why it is worth paying the cost to hire a skilled lawyer who has the knowledge and experience regarding workplace retaliation claims. You can count on a New Mexico workplace retaliation lawyer to be able to serve as your personal legal advocate and protect your rights, so give one a call right away.
Workplace Retaliation FAQs
When speaking up at work leads to unfair treatment, it’s important for us to understand our rights and next steps. Workplace retaliation cases often involve situations where an employee faces discipline, termination, or other negative actions after reporting harassment, safety violations, or discrimination. While the laws are in place to protect workers, every case needs careful evaluation. At Davie & Valdez, we’ve represented employees across various industries, and we understand how these cases play out. If you’re looking for a New Mexico workplace retaliation lawyer, we can help you sort through the details and weigh your options.
What Compensation Can I Get For Workplace Retaliation?
In many cases, we may be able to recover back pay for lost wages, front pay if we’re unable to return to work, and compensation for emotional distress. Some cases also involve punitive damages, depending on how the employer acted. If we’ve lost health insurance or other benefits, those may be factored in as well. Every case is unique, but our aim is to recover what was taken and hold the employer accountable for the unfair treatment.
Who Investigates Workplace Retaliation Claims?
If you file a formal complaint, the Equal Employment Opportunity Commission (EEOC) is often the agency that investigates. They’ll review the facts, request documentation, and may reach out to witnesses. In some cases, the New Mexico Human Rights Bureau may handle the investigation. Once the agency completes its process, you might be given the right to pursue a lawsuit. A retaliation attorney can help prepare the necessary documentation and track deadlines during this process.
Can I Report Workplace Retaliation Anonymously?
While our New Mexico workplace retaliation lawyer will share that you can report misconduct or safety concerns through anonymous channels like internal hotlines, retaliation claims usually require our identity to be disclosed. When filing with the EEOC or another agency, they will need specific details tied to our name. That said, legal protections are in place to protect you once we step forward. An employee rights lawyer can advise you on how to protect your job while the process moves forward.
How Does Retaliation Differ From Discrimination?
Discrimination targets an individual based on a protected category like race, gender, or disability. Retaliation, on the other hand, occurs when someone takes action against you because you spoke up or participated in a protected activity—like filing a harassment complaint or reporting wage violations. In many cases, the two issues overlap, but they are legally distinct. A wrongful termination attorney can help you determine whether you’re dealing with one, the other, or both.
What Happens If My Retaliation Claim Is Denied?
If your claim is denied by the agency, you still have options. In most cases, you’ll be given a “right to sue” letter that allows you to bring your case to court. At that point, it becomes a civil matter. You may need to gather more evidence or secure witness testimony. A New Mexico workplace retaliation lawyer can guide you through the next steps and help you decide whether legal action is the best path.
If you believe your employer has retaliated against you, it’s worth discussing your rights. We’re here to help you assess what happened and decide how to respond. At Davie & Valdez P.C., our team is experienced in handling these issues and can explain what to expect in a workplace retaliation case.