New Mexico Employment Law Case Review

A termination is wrongful when it violates federal or state law — firing based on protected characteristics (race, sex, age, disability, religion), retaliating against whistleblowing or protected complaints, or violating employment contract terms. Even at-will employees have protections against illegal termination.

Document everything — save emails, performance reviews, and notes about conversations. Many employment claims have filing deadlines, so consulting an attorney promptly is advisable. Do not sign any severance agreement without legal review, as you may be giving up valuable rights.

Unwelcome sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature that affects employment decisions or creates a hostile work environment. It can be between any combination of genders. Both quid pro quo harassment and hostile work environment are illegal.

For most federal discrimination claims, yes. You must file a charge of discrimination within 180 or 300 days depending on your state. The EEOC will investigate and either resolve the matter or issue a "right to sue" letter allowing you to proceed in court. State deadlines may differ.

Incorrectly classifying a worker as an independent contractor or exempt from overtime, causing the worker to miss out on overtime pay, benefits, and protections. The IRS and DOL use multi-factor tests to determine proper classification. This violation is surprisingly common and can affect entire workforces.

Non-exempt employees must receive 1.5x pay for hours over 40 per week under the FLSA. Exemption depends on salary level and job duties — not just your job title. Some states have additional rules including daily overtime thresholds. You can recover up to 2-3 years of unpaid wages.

Multiple laws provide protection depending on what you reported. The False Claims Act (government fraud), Sarbanes-Oxley (securities fraud), OSHA statutes (safety violations), and Dodd-Frank (financial fraud) each have their own protections. Many states have additional whistleblower statutes. Some laws also provide financial rewards.

It's generally not advisable. Severance agreements almost always include a release of legal claims — you may be giving up valuable rights without realizing it. For employees 40+, the law requires at least 21 days to consider and 7 days to revoke after signing. An attorney can evaluate whether the offer is fair.

Many employment attorneys work on contingency for plaintiff-side cases, meaning you pay nothing upfront and they take a percentage if you win. Some employment statutes also require the employer to pay your attorney fees if you prevail. Many attorneys offer free initial consultations to evaluate your case.