Best Employment Lawyers in Santa Fe

FAQs

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

  To reach the Santa Fe Police Department for non-emergency concerns, call (505) 428-3710.

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

  To obtain a police report from the Santa Fe Police Department, visit the station at 2515 Camino Entrada or call them at (505) 955-5751 for more information. Please be informed that each 8 1/2 x 11 paper page costs $0.25 and $3 for postal mail. You can also click the link below for a police report that can be obtained online at no cost.

  https://cityofsantafenm.nextrequest.com/users/sign_in

• Should you report harassment to your HR in your Santa Fe workplace?

  Yes. However, it would be good to know if your Human Resources Department at your Santa Fe workplace is there to protect the employer, not the employee. If this is what you're planning to do, you should equip your report with pieces of evidence that are difficult to challenge. Nevertheless, there is a high likelihood of retaliation since your complaint will inevitably reach the person you're reporting.

• What should you do next if you've experienced harassment because of your disability at your workplace in Santa Fe?

  You must let the offending party know that their behavior is not acceptable. If it doesn't end there, gather and preserve evidence to support your claim, including asking witnesses (coworkers) for signed statements and reporting it to management. Consult with an attorney in Santa Fe to know about your employee rights.

• Where should you file a workplace claim in Santa Fe?

  If your workplace has between 4 and 14 employees, you file a claim to the New Mexico HRD. Both the New Mexico Department of Human Rights Division and the Equal Employment Opportunity Commission will accept claims from businesses with 15 or more workers in Santa Fe. However, if you decide to acquire the aid of an attorney, you are advised to file a claim with the HRD first, as this agency's process is easier than the EEOC's.

• Are there any statutes of limitations when filing for a workplace claim in Santa Fe?

  If you are filing with the Human Rights Department or cross-filing with the Equal Employment Opportunity Commission, you only have 180 days from the date of the workplace incident for it not to be dismissed. If filing with the EEOC, you have 300 days from the date of the workplace incident in Santa Fe.

• Are there any exceptions to the "At-Will Employment" principle in Santa Fe?

  Yes, there are. Your Santa Fe employer may terminate you at any given time for any reason except:

  • For retaliation because you exercised your lawful rights or reported illegal activities.
  • For discriminatory reasons such as age, religion, gender identity and sexual orientation, serious medical condition, and national origin.
  • If the employment contract states that the employee has job security.

• 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.