Santa Fe Employment Lawyer
Are you looking for an employment lawyer in Santa Fe, NM?
At Davie & Valdez, P.C., we are employment lawyers with over 35 years of experience guiding clients through complex workplace matters.
If you’ve been fired without justification, subjected to discrimination, denied wages, or punished for exercising a legal right at work in Santa Fe, you have options. New Mexico law and federal employment statutes provide real protections for workers in these situations, but those protections only matter if someone enforces them.
Davie & Valdez, P.C. has represented employees across New Mexico and Texas for more than three decades. Our Santa Fe, NM employment lawyer handles wrongful termination, discrimination, retaliation, wage disputes, and work injury claims. We offer free consultations and take cases on the employee’s side only.
Employment Lawyer Santa Fe, NM
Employment law governs the relationship between workers and employers. It covers everything from hiring and firing to wages, workplace safety, leave rights, and protections against discrimination. When an employer violates these rules, employees have the right to seek legal remedies through administrative agencies, state court, or federal court.
In fiscal year 2025, the EEOC processed over 88,000 new discrimination charges nationwide and secured $660 million in relief for workers, according to the agency’s annual performance report. Santa Fe’s economy relies heavily on state government, healthcare, hospitality, and education, and disputes between workers and employers in those industries regularly involve the same federal and state protections at issue in these charges.
Types of Employment Cases We Handle in Santa Fe
Employment disputes come in many forms. Some involve a single incident, like a termination. Others develop over months or years of escalating mistreatment. We represent employees in Santa Fe and across New Mexico in the following:
Wrongful termination. New Mexico is an at-will employment state, but that doesn’t mean your employer can fire you for any reason. Terminations motivated by discrimination, retaliation, or violations of public policy are unlawful. Employees who are fired under these circumstances have legal claims.
Workplace retaliation. Employers who punish workers for filing complaints, reporting violations, participating in investigations, or exercising their legal rights violate both federal and state law. Retaliation remains the most common basis for EEOC charges filed each year.
Employment discrimination. Federal and state law prohibit employers from making job decisions based on race, sex, age, disability, religion, national origin, pregnancy, or other protected characteristics. Discrimination can occur in hiring, promotions, discipline, pay, and termination.
Sexual harassment. Both quid pro quo harassment and hostile work environment claims are actionable under Title VII and the New Mexico Human Rights Act. An employer who fails to address reported harassment can be held liable for the resulting harm.
Workers’ compensation. Employees injured on the job are entitled to medical treatment and wage replacement through New Mexico’s workers’ compensation system. We also handle cases where employers retaliate against workers for filing a claim.
Wage and hour violations. Employers who fail to pay minimum wage, withhold earned overtime, or misclassify workers to avoid compensation obligations violate the Fair Labor Standards Act and New Mexico’s wage and hour laws. These claims often affect entire groups of employees at a single company.
FMLA violations. The Family and Medical Leave Act entitles eligible employees to unpaid, job-protected leave for qualifying medical and family reasons. Employers who deny leave, interfere with it, or terminate workers upon their return face federal liability.
Whistleblower claims. New Mexico’s Whistleblower Protection Act and several federal statutes protect employees who report fraud, safety violations, or other illegal activity. Workers who face consequences for speaking up have legal recourse.
Why Choose Davie & Valdez, P.C. as My Employment Lawyer in Santa Fe, NM?
Focused Exclusively on Employee Rights
Davie & Valdez, P.C. does not represent employers. The firm was built around one principle: protecting workers from unlawful treatment. That distinction shapes how we approach every case, every negotiation, and every decision about whether to take a matter to trial.
Roger Davie founded the firm and has practiced employment law since 1985. He is Board Certified in Employment Law by the State Bar of Texas, holds an AV Preeminent 5.0 peer review rating from Martindale-Hubbell, and has been recognized by Super Lawyers multiple times. John Valdez is Board Certified in Employment and Labor Law in New Mexico, has earned recognition as a Texas Super Lawyer, and provides bilingual services in English and Spanish. Both are graduates of Texas Tech Law School.
The firm has represented hundreds of employees in employment disputes across both states. Results for clients have included:
Recovery of lost wages and benefits following wrongful termination
Favorable outcomes in discrimination and retaliation claims filed with the EEOC and the New Mexico Human Rights Bureau
Compensation for employees subjected to hostile work environments and harassment
Resolution of wage theft and overtime disputes under state and federal law
We offer free consultations for all employment matters.
What Is Important to Understand About Employment Law Cases?
Protections, Liability, and Remedies in Employment Cases
Employment law draws from multiple overlapping federal and state statutes. The protections available to you depend on your employer’s size, the nature of the violation, and which laws apply to your situation.
Title VII of the Civil Rights Act. Prohibits discrimination based on race, color, religion, sex, and national origin for employers with 15 or more employees.
Americans with Disabilities Act. Requires employers to provide reasonable accommodations to qualified employees with disabilities and prohibits discrimination based on disability.
Age Discrimination in Employment Act. Protects workers 40 and older from age-based employment decisions.
New Mexico Human Rights Act. Extends protections to additional categories, including sexual orientation and gender identity, and applies to employers with four or more employees.
Fair Labor Standards Act. Establishes minimum wage, overtime pay, and recordkeeping requirements enforced by the Department of Labor.
Family and Medical Leave Act. Provides eligible employees with up to 12 weeks of unpaid, job-protected leave per year for qualifying reasons.
An employee who prevails in an employment case may recover back pay, front pay, compensatory damages, punitive damages (in some cases), and attorney’s fees. The specific remedies depend on the statute under which the claim is brought.
What Are Important Aspects of an Employment Case?
Employment disputes involve specific procedural requirements and evidentiary standards that can determine whether a claim succeeds or fails.
Statute of limitations. Most employment claims must be filed within a specific period. Under the New Mexico Human Rights Act, the deadline is 300 days from the discriminatory act. Federal claims filed with the EEOC also follow a 300-day window in states with a local enforcement agency.
Administrative exhaustion. Many employment claims require the employee to file a charge with an administrative agency, such as the EEOC or the New Mexico Human Rights Bureau, before filing a lawsuit. Skipping this step can result in a case being dismissed.
Documentation. Emails, performance reviews, witness statements, and written complaints all serve as evidence. Employees who anticipate a dispute should preserve everything relevant to their claim.
Employer defenses. Companies often argue that the adverse action was based on legitimate business reasons unrelated to the protected activity. A strong record of documentation weakens that defense.
What Is the Employment Case Timeline?
Employment cases follow a general progression, though each case moves at its own pace depending on complexity.
Internal complaint. Many employees begin by reporting the issue through their company’s internal channels. This step isn’t always required, but it can become important evidence.
Agency filing. Discrimination and retaliation claims are filed with the EEOC, the New Mexico Human Rights Bureau, or both. Wage claims may go to the Department of Labor.
Investigation and mediation. The agency investigates the charge and may offer mediation. If mediation resolves the dispute, the case ends. If not, the investigation continues.
Right-to-sue letter. If the agency does not resolve the matter or elects not to pursue it, the employee receives a right-to-sue letter authorizing a lawsuit.
Litigation. The case proceeds through discovery, depositions, and potentially trial. Many cases settle during the litigation phase.
A straightforward wage claim may resolve in months. A discrimination or retaliation case that goes to trial can take two years or longer from the initial filing.
What Should You Bring to Your Employment Consultation?
Arriving with the right materials lets us evaluate your case accurately and give you a clear picture of what to expect.
A written summary of the events, including dates, names, and the order in which things occurred
Any offer letters, employment contracts, or employee handbooks relevant to your position
Communications with your employer, supervisor, or HR department about the issue
Performance evaluations from before and after the incident or complaint
Pay stubs, W-2s, or other records showing your compensation history
We will review your facts, explain which laws may apply, and discuss the strength of your potential claim. You will leave the consultation knowing where you stand and what benefits or remedies may be available.
Santa Fe Employment Law Resources
Santa Fe falls within the First Judicial District, which also covers Rio Arriba and Los Alamos Counties. The Santa Fe County District Courthouse is at 225 Montezuma Avenue.
The New Mexico Human Rights Bureau, headquartered in Santa Fe at 1596 Pacheco Street, investigates complaints of employment discrimination and retaliation under the New Mexico Human Rights Act. The Bureau has a work-sharing agreement with the EEOC, and a complaint filed with one agency can be cross-filed with the other. The nearest EEOC field office is located in Albuquerque.
For wage-and-hour disputes, employees may file complaints with the U.S. Department of Labor’s Wage and Hour Division or the New Mexico Department of Workforce Solutions.
Reach Out to Davie & Valdez, P.C. to Schedule a Consultation
Whether you’re dealing with a wrongful termination, discrimination, a wage dispute, or any other employment matter in Santa Fe, NM, our attorneys are ready to listen. Contact us to schedule a free consultation today.
