Contact Us
Phone: 505-591-5515
Location
201 Third Street N.W.
Suite 1720
Albuquerque, NM 87102
Hours
Call Now: 505-591-5515
Nobody wants to lose their job, especially if they have been unfairly terminated. Wrongful termination, also known as wrongful dismissal, is when an employee is fired from their job for an illegal or unethical reason. In the state of New Mexico, there are specific laws in place that protect employees from wrongful termination. This blog post will discuss the ins and outs of wrongful termination in New Mexico and what you need to know if you think you have been wrongfully terminated from your job.
New Mexico is an at-will employment state, which means that employers have the right to terminate employees for any lawful reason at any time. However, there are certain situations in which it is illegal for employers to terminate employees. The first type of illegal termination is discrimination. Employers cannot discriminate against employees based on their race, color, religion, sex, national origin, age, physical or mental disability, or genetic information. If an employee is fired because of one of these criteria, it is considered wrongful termination.
Another type of wrongful termination in New Mexico is retaliation. Employers cannot fire employees in retaliation for exercising their legal rights, reporting unlawful practices, or making complaints about harassment or discrimination. For example, if an employee files a complaint with HR about a discriminatory practice and is fired as a result, it would be considered retaliation and wrongful termination.
Harassment is another reason for wrongful termination. If an employee is terminated because they complained to their employer about being sexually harassed or a hostile work environment, it would be considered wrongful termination. Employers have a legal responsibility to investigate and take appropriate action against harassment in the workplace.
Another type of wrongful termination is breach of contract. If an employee has a written employment contract that outlines the terms and conditions of their employment, and the employer violates that contract by terminating the employee without cause, it would be considered a breach of contract and wrongful termination.
While New Mexico is an at-will employment state, there are specific situations in which it is illegal for employers to terminate employees. Employers cannot discriminate against employees, retaliate against them for exercising their legal rights, fire them for reporting unlawful practices, or breach their employment contracts. If an employee thinks they have been wrongfully terminated, they have the right to file a claim with the Equal Employment Opportunity Commission (EEOC) or the New Mexico Human Rights Bureau (NMHRB). It is essential to seek legal counsel and know your rights in the event of wrongful termination.
Contact us now!
By submitting this form, you agree to be contacted by our law firm, either by phone, text or by email.
Disclaimer: The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute an attorney-client relationship.
All Rights Reserved | Silva & Associates, P.C. | Powered By Convert It Marketing | Privacy Policy
All Rights Reserved | Silva & Associates, P.C. | Powered By Convert It Marketing | Privacy Policy