·  Legal News, Analysis, & Commentary


When Do you Need an Employment Lawyer?

— December 7, 2022

Most of the times people in New Mexico reach out to an employment lawyer it’s due to discrimination in the workplace, unfair wages and wrongful termination cases. 

Labor laws were introduced to regulate the relation between the employer and the employees and to make sure all New Mexico residents are guaranteed a safe workplace, free of any type of discrimination. Whenever there’s a conflict both parties should seek legal advice from experienced New Mexico employment lawyers who are qualified to represent either party. This can save a lot of time and hassle as most employment conflicts can be solved at company level, which is always preferable to involving state or federal authorities.

When should a business owner reach out to an employment lawyer?

The best way to deal with a problem is to prevent it from appearing in the first place. A New Mexico employer can contact an employment lawyer in Albuquerque for assistance in preparing contracts and employee handbooks so that everyone understands what their duties and rights are.

For instance, if you want to avoid future legal trouble you can get help in drafting handbooks covering a broad range of issues, such as working hours, wages and overtime pay, family and vacation leaves, workplace injury procedures, termination, final paycheck, etc. All you have to do is have any new employee read these documents so they know what to expect from the very beginning. 

In this day and age, you should also prepare a comprehensive guide on preventing sexual harassment in the workplace. A lawyer with many years of experience in this type of case can offer valuable insight on the most common problems seen in public and private companies around New Mexico.

If you are facing an internal complaint about discrimination or unfair wages, you should take swift action if you want to avoid charges at state or federal levels. If that happens, you will need a good lawyer to aggressively protect your interests.

When should an employee hire an employment lawyer?

Most of the times people in New Mexico reach out to an employment lawyer it’s due to discrimination in the workplace, unfair wages and wrongful termination cases.

You're Fired sign
You’re Fired sign; image courtesy of geralt via Pixabay,

According to the law, New Mexico employees are fully protected against discrimination based on a wide range of protected characteristics, such as race, color, religion, sex and sexual identity, national origin, disability, age, etc. Also, and this is crucial in protecting your rights, employees are protected against retaliation if they make a complaint or assist in an investigation concerning labor law violations. 

A lawyer can offer guidance on how to formulate an internal complaint and what sort of proof you should include. As an employee you are required to give your employer a chance to make things right. Sometimes, this doesn’t happen and the only way to go forward is to file a formal complaint with the Equal Employment Opportunity Commission or the New Mexico Human Rights Bureau. Either of these agencies will investigate your complaint and initiate negotiations between you and your employer. If a settlement cannot be reached you may be issued a notice to sue, which allows you to file a lawsuit against your lawyer to recuperate damages. 

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