Best Employment Lawyers in Las Cruces

FAQs

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

  You may dial 575-526-0795 in the event that you have a non-emergency situation in Las Cruces. You will be redirected to the local police station by dialing this number.

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

  You may call the Records Section of Las Cruces at 575-528-4137 to request a copy of an incident or police record. Online access to crash or accident reports is also available. Moreover, you can get criminal complaints/statements of facts, sometimes known as arrest affidavits, from the magistrate court.

• What services do Las Cruces employment attorneys provide for business owners?

  An employment lawyer in Las Cruces can assist you in numerous ways to protect your business. This could include defining written employment regulations, drafting non-compete agreements, dismissing employees, and dealing with suspicions of a worker's illegal or unethical behavior. They can also aid in the drafting of nondisclosure and employment agreements.

• What types of conflicts involving employment can Las Cruces employment attorneys advise on?

  Employment lawyers in Las Cruces deal with a range of situations. This includes disputes with the Equal Employment Opportunity Commission, class action audits, trade or labor unions, employee relations management, and benefits issues. These attorneys can represent employees during all phases of the claims' rulings, including settlement negotiations, arbitration, mediation, and court trials.

• What should you do if you encounter discrimination at work in Las Cruces?

  Workplaces in Las Cruces and neighboring New Mexico areas are prohibited from discriminating against employees based on age, nationality, gender, religion, pregnancy, or parental status. Evidence of victimhood allows you to file a lawsuit against involved coworkers or employers. Additionally, Michelle Lujan Grisham, the governor of New Mexico, signed legislation protecting pregnant and new mothers from discrimination at work into law.

• What constitutes sexual harassment at work in Las Cruces?

  Employees in Las Cruces are protected from sexual harassment in the form of quid pro quo, disrespectful, degrading, or frightening behavior due to New Mexico's anti-harassment policy. This can involve solicitations for sexual favors, unwanted sexual advances, or verbal and nonverbal acts of a sexual nature. If you have encountered these forms of harassment at work or observed such behavior, you should speak with an employment attorney who can assist you with your claims.

• Are drug tests required for applicants or workers in Las Cruces?

  There is no specific law that governs employer drug testing of employees or applicants in Las Cruces or other parts of New Mexico. However, there are regulations governing drug and alcohol testing for motor carriers. In addition, employers who offer direct care in a New Mexico state health facility are also required to submit to pre-employment and ongoing drug and alcohol testing.

• 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.