Wrongful Termination Lawyer New Mexico
Do you feel that you’ve been wrongfully terminated? Do you believe that your employer unlawfully discriminated against you? If so, the wrongful termination lawyers in New Mexico at Davie & Valdez, P.C. are here to help you. We are passionate about helping people who’ve lost their job without cause, such as yourself, get adequately compensated. With more than 35 years of experience and a team of knowledgeable attorneys, you can put your trust in us.
What Is Wrongful Termination?
Your employers are permitted to fire you. They do not always need a cause to fire you. For example, employers may fire at-will employees at any time and for any reason. In fact, they are not even obligated to tell you why they fired you. Yet, quite a few wrongful termination suits stem from at-will employment. Most often, wrongful termination suits arise from implied contracts or contracts that specify permanent or long-term employment. Typically, these contracts also specify a justifiable cause for your termination, such as a certain number of absences or not adhering to company policies.
You may be wrongfully terminated because you’re being discriminated against based on a protected class, such as your:
- Sexual orientation
- National origin
- Age and
In this case, if your employer made comments about one of your protected classes or used terminology that’s derogatory in nature, there’s a good chance your termination was unlawful. If your employer seemed to write you up for errors, which led to your termination, that similarly situated people were not written up for, your termination may have been unlawful.
But you may also face wrongful termination because of retaliatory action. In this case, you may have reported a coworker to human resources or alerted human resources about an inappropriate employer. In other words, you may have been a whistleblower. In turn, you were fired. This firing may have occurred several months after your report.
Proving Wrongful Termination
Our firm will be able assist in proving that you were wrongfully terminated if the reason you were fired is something that you would be able to prove in court. In most states, employers can’t fire you if they do so in violation of a public interest. Such public interests include complaints of discrimination, retaliation, or incorrect termination procedure. It is against public policy for an employer to fire you for filing a discrimination claim. Most states may only accept public policy that is expressed either in a state constitution or a statute. Some states may allow former employees to rely on public policies expressed in administrative rules, professional ethics codes, or social ideas of public good.
There are several general categories within the public order central to the concept of at-will-employment. Refusal to perform an act prohibited by state law, report a violation of law, act in the public interest, or exercise any legal right. Refusing to commit an illegal act would include the refusal to engage in Medicare fraud described above. Reporting a violation of the law is also protected by public order. For example, if you chose to report a Medicare fraud, you cannot be fired for doing it. Acts in the public interest include acts such as taking a jury. An example of the exercise of a statutory right is the assertion of a claim for damages by an employee.
Unemployment Eligibility following Wrongful Termination
If you are fired wrongfully, state law may deem you as being eligible for unemployment benefits. The improper termination of the lawsuit can take a long time, during which unemployment insurance benefits can help you get back on your feet. The requirements for applying for unemployment compensation vary from state to state. However, in many states, if an employee is being fired for supposed “misconduct,” the employee may not be eligible for unemployment compensation. This may include stealing, lying or failing a drug or alcohol test.
If your employer has discriminated against you based on your sex, and you have been able to prove that you are entitled to certain remedies, these may include: back pay, hiring, reinstatement, promotion, front pay, reasonable accommodation, etc. You may also be able to recover damages for actual monetary losses and mental anguish, as well as expert witness fees, court costs, and attorneys’ fees. If a private employer acts with intent, malice, or reckless indifference, punitive damages may be awarded.
The law prohibits companies of a certain size from discriminating against its employees. These rules tend to prevent employers from taking adverse employment actions on the basis of an employee’s membership in a protected class. Actions that qualify as being discriminatory may include actions such as failure to hire, termination, demotion, failure to train, loss of pay, and retaliation.
- Ethnicity Discrimination
- Sex-Stereotyping Discrimination
- Sexual Orientation Discrimination
- Race Discrimination
- Transgender Discrimination
- Gender/Sex Discrimination
- Family Responsibility Discrimination
- Age Discrimination
- Criminal Conviction Discrimination
- Disability Discrimination
- Medical Condition Discrimination
- Military Status Discrimination
- National Origin Discrimination
- Pregnancy Discrimination
- Religious Discrimination
- Sexual Harassment
If you’re the victim of harassment or discrimination based on your membership in a protected class, it’s important to document any conduct you believe arises to the level of harassment or discrimination and to keep copies of performance evaluations and other personnel documents. For the purpose of defending yourself In case an employer tries to retaliate against you for complaining, it’s important to document the conduct you experience throughout the time your are employed. Having this documentation will help when the time comes to defend yourself in court.
Is Wrongful Termination Common?
Unfortunately, wrongful termination is fairly common. It can occur in many different forms, but ultimately, if you were fired because of something that is not ethical, you can get representation and fight for your job. Whether you were discriminated against because of something that you cannot help – like your gender, age, race, or disability – or if you were fired for having to take time off for a workplace injury, a wrongful termination lawyer will likely be able to help. He or she will want to see you continue to flourish at work or get monetary compensation for any losses that you have faced because of the wrongful termination.
Why Do You Need to Hire a Lawyer?
Moving forward with a case can be daunting. You may think that hiring a lawyer is an expensive and scary process. This is not correct. Not only is it often wise financially to hire a lawyer, but he or she will be trained to handle your situation with delicacy. Your lawyer will know how to navigate throughout the entire case in a way that will not completely disrupt your life or ruin your reputation at work. A lawyer will know how to find evidence to back your case, he or she can do all of the paperwork necessary, and help you figure out what the best possible way to move forward is. Your lawyer will have had an extensive amount of experience in this realm, which will be invaluable in dealing with your case. For example, you may or may not want to continue working for your company after facing a wrongful termination. Your lawyer can visit many different options for you to determine what the best approach will be for whatever you want to accomplish. Hiring a lawyer will make all of the difference in how your case is handled and how confident you can feel after going through the entire court case. Do not hesitate to reach out to a law firm that specializes in wrongful termination to learn more. At the end of the day, you will likely get much more compensation and benefits after hiring someone who knows what they are doing and knows the laws of your state.
How Can A Wrongful Termination Lawyer Help You?
Wrongful termination cases are tedious and, unfortunately, sometimes difficult to prove. Whether you choose to settle or take it to court, you’ll want to consult a wrongful termination attorney first. We gather evidence, subpoena witnesses, tally your injury expenses, and present your case in a favorable manner. We deal with combative attorneys so that you don’t have to. We spend countless hours studying and analyzing your case so that you don’t have to. Most of all, we represent you to the best of our 35-years of experience.
All in all, our only goal is to see to it that your rights are protected. We understand how hurtful and detrimental to your overall livelihood wrongful termination is. You can rest assured that we’ll fight aggressively on your behalf if you choose to have us represent you. Because time is of the essence, don’t hesitate to enact your rights. Call our law office at Davie & Valdez, P.C. now for a free consultation or to set an appointment in El Paso, Texas or Santa Fe, New Mexico.