Best Employment Lawyers in Albuquerque, NM

FAQs

• What is the non-emergency contact number for the local police station in Albuquerque, New Mexico?

  Call 505-242-COPS (2677) to report non-emergencies to the local police station in Albuquerque.

• Where can I get a copy of police reports for incidents related to my case in Albuquerque, New Mexico?

  Get a copy of the police report for an incident related to employment in Albuquerque at the Records Division located at 400 Roma Ave NW #1. You can request over the phone at 505-768-2020. The office operates on weekdays from 8 a.m to 4 p.m. and accepts phone inquiries until 4:30 p.m. Reports cost $.50 per page.

• What types of incidents are classified as workplace harassment cases in Albuquerque?

  Sexual misconduct, physical intimidation, and verbal abuse are classified as workplace harassment cases in Albuquerque. Those who are maltreated because of their color, religion, gender, age, veteran status, and disability may report harassment. Such cases may be reported to the company's or the city's human resource department within 180 days.

• Are employees who have been sexually abused in Albuquerque entitled to receive compensation?

  Yes, employees who have been sexually abused in Albuquerque are entitled to receive compensation. This may cover counseling, treatment, disease test, and medication expenses. If the incident resulted in pregnancy, the woman may seek payment for hospitalization and checkups. Additionally, emotional damages such as pain, suffering, and trauma can be compensable.

• How can employees in Albuquerque prove wage theft?

  Employees in Albuquerque can prove wage theft by providing copies of timesheets and paychecks that clearly show discrepancies between their actual earnings and what they should have been paid. In case of deductions, individuals must review contracts and pre-employment documents to check if they have agreed to allow the employer to subtract costs for items like uniforms, insurance, and parking fees. Additionally, wage theft can be evidenced by unpaid overtime, commissions, reimbursements, and leave allowances.

• How much time do individuals have to file an unpaid wage claim against employers in Albuquerque?

  Individuals have three years from the date of the last violation to file an unpaid wage claim against their employers in Albuquerque. They may be eligible to receive all the withheld wages from the time they began working for the company. However, if the person misses the deadline, they may lose their right to recover unpaid wages.

• Are children aged 14 to 16 years old allowed to work in Albuquerque?

  Children aged 14 to 16 years old are allowed to work in Albuquerque as long as they are issued a work permit. Otherwise, they will not be eligible for employment. Additionally, minors with work permits are restricted to certain hours based on the school calendar. They are also prohibited from having dangerous jobs, such as working at factories or liquor shops.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.