Click on any of the following specialty areas of employment law that Roybal-Mack & Cordova, P.C. specializes in for more information.
Roybal-Mack & Cordova, P.C. is Albuquerque New Mexico’s leader in employment law. We deliver on our promise to provide experienced, intelligent, and aggressive legal representation in all legal disputes related to the workplace. If you live in New Mexico and have a dispute with your employer, look no further than Roybal-Mack & Cordova, P.C. for your expert legal counsel on Employment law.
Roybal-Mack & Cordova, P.C.’s attorneys are ready for any and all cases of employment discrimination in New Mexico. Employment discrimination law deals with various kinds of discrimination based on sex, race, age, physical disabilities, religion, origin, and sexual orientation. Employment discrimination is a constantly growing and evolving section of civil law.
What Qualifies as Employment Discrimination?
Defining discrimination is difficult, since the term and its laws change with the times; however, there are certain criteria that serve as a basis of what to look for if you feel that you may be a victim of employment discrimination. Employment discrimination practices are based on biases that affect hiring, termination/firing, job opportunity, promotion, excessive or unfair reprimanding, compensation, raises, benefits, and other types of harassment such as unprofessional and vulgar language. People who have experienced employment discrimination have been subjected to any of the above types of discrimination.
Is Employment Discrimination Making Your Work Environment Hostile?
Just like sexual harassment, other biases and discrimination practices can create a hostile working environment that can damage the morale of employees as well as affect productivity. An employee does not have to be directly denied anything to be a victim of a hostile work environment. Offensive language alone can create a hostile work environment. For example, if you are a racial minority and are subject to vulgar, offensive language regarding your race, then you are being subjected to working in a hostile workplace. This can happen with any facet of a persons character or nature and is not simply limited to race, gender, or religion. There are many ways for employers to make an employee feel discriminated against, and that is why it is important to seek legal counsel if you feel that you may be a victim of employment discrimination for any reason.
Getting a new job can be one of the most exciting times in a persons life. It can change your possibilities with new benefits, a great salary, and fulfilling accomplishments, but experiencing and maintaining career success requires an excellent contract that doesn’t take advantage of your time and skills. Employment contracts have a substantial effect on your working conditions, salary, benefits, hours, responsibilities, and authority within the workplace. This is why having an attorney to review and negotiate your employment contracts is crucial to ensuring that you get what you deserve from your new job.
Once an employment contract is signed, both the employer and the employee are bound by the agreed upon terms of that contract. Employment contracts can determine the length of a persons employment, the ability of the employer to terminate them, and clearly define whether or not the person is an employee or an independent contractor.
Parts of Basic Employment Contracts
Non-Compete clauses are agreements between employers and employees that restrict the employee from working for direct competitors of the company with which he or she signs the agreement. Some non-compete clauses last only during the time of employment and others extend for a time beyond employment and can even affect the locations of where the employee may or may not work for competitors.
Severance clauses deal with the aftermath of an employee leaving the company. Severance packages can include extended compensation and benefits. Severance packages can change depending on whether an employee resigns, is fired, or laid off.
A confidentiality agreement restricts the employee from discussing or otherwise sharing information during and after employment. Most confidentiality contracts are permanent after the period of employment. Sometimes materials created by the employee, such as documents or other information, during his or her time of employment are covered under this confidentiality clause and considered to be the property of the company.
Employment Contracts Renegotiation
After you have signed an employment contract and have worked at the company for some time, you may be able to renegotiate your contract with your employer. Contract renegotiation modifies and updates the terms of your employment such as salary, benefits, stock in the company, title and responsibilities, and bonuses. These negotiations can be very difficult and strenuous, which is why you need legal counsel to interpret the terms and look out for your assets and interests.
Protect Yourself, Get the Right Contract
Its hard enough to find a job that you will love, one that will satisfy you and ensure your success. Protect your job and protect yourself by making sure that the terms of your employment are suitable to your wants and needs. Roybal-Mack & Cordova, P.C.’s team of attorneys will review and negotiate your employment contract to protect your interest and give you the best working conditions possible.
There was once a time when the legal relationship between employers and employees wasn’t nearly as clearly defined as it is now. The roles of employee and employer have since become much more clearly defined as changes in state and federal law, new cases, changing precedents, and changes in modern American culture affect the way that we view fairness to employees. Wage and hour disputes between employees and employers are some of the most common civil litigation cases in the country, but despite being so common, they are also constantly changing in the way they are viewed and handled. That is why Roybal-Mack & Cordova, P.C.’s team of attorneys are always looking at new cases and staying informed on the most up-to-date standards for wage and hour disputes in New Mexico and across the country.
Independent Contractors Wage and Hour Disputes
Many employers think that they are hiring independent contractors and that they can do whatever they like with them, including abusing their hourly wages and denying them extra compensation such as overtime. What these employers do not realize is that even if an employee is hired as an independent contractor, this can be disputed regardless of the original agreement or employment contract between the contractor and the business. In this case, the independent contractor can show that he or she is actually an employee and is thus entitled to benefits, overtime, and back payroll taxes.
Breaks and Lunches
Employees are entitled to 10 minutes of break time for every 4 hours of work during a workday in addition to a designated lunch. These 10 minutes cannot be deducted from the employees pay. This is just one example of how wage and hour disputes can be caused by an unfair break, lunch, and relief practices.
It happens often that employees feel it is unfair that they have to work outside of their paid hours and must do additional work at home or in their office without being compensated. Employees can take legal action if they feel that their time is regularly being abused by their employer.
If you have been having a wage or hour dispute with your employer and need legal representation to get the money you deserve, then contact us to arrange for a consultation. Roybal-Mack & Cordova, P.C.’s team is here to serve the people of New Mexico with the finest expert legal counsel.
Wage and Hour Disputes
While completely unacceptable in the workplace, sexual harassment is a regular occurrence that employees and their employers must deal with. As an employee in New Mexico, you are protected by both state and federal laws from any behaviors that could be deemed sexual harassment. Federal law applies to any company owner with fifteen or more employees, while New Mexico state anti-discrimination and sexual harassment laws apply to companies with less than fifteen employees. Below are descriptions of the main categories of sexual harassment.
Quid Pro Quo Sexual Harassment
When an employer forces an employee to experience sexual harassment in order to keep his or her job, get a promotion, raise, or any other sort of employee benefit that his or her merits would otherwise entitle him to, this is called quid pro quo sexual harassment. An example would be if a supervisor told an employee that she could only receive a promotion if she went on a date with him, dressed in a more revealing way, or let him make sexual charged comments to her. It is important to understand that even if you do submit to sexual harassment at first, this does not necessarily disqualify you from making a complaint or from taking legal action. Many employees feel pressured to engage in sexually inappropriate activities with their superior in the workplace and then take action once they realize that they can defend themselves.
Hostile Environment Sexual Harassment
Hostile environment sexual harassment is the second major category of sexual harassment. It occurs when an employer or coworker makes sexual inappropriate gestures to an employee that are not connected to benefits, a raise, promotion, or other rewards. Even though these gestures are not connected to an exchange of sexual activity for rewards, they still contribute to an uncomfortable workplace in which the employee feels disrespected, unsafe, and offended. If ever an employer is aware of this activity within the company and does nothing to stop it or if the employer is the one making these gestures, then they are liable for a sexual harassment lawsuit.
Third Party Sexual Harassment
Third party sexual harassment law applies to situations in which you, the employee, are not being directly sexually harassed but are still affected by sexual harassment in the workplace going on between other employees. An example would be if you do not get a raise that you deserve while another employee who did submit to sexual harassment got the raise instead. Even though you were not engaging in sexual behavior, the transfer of sexual gestures in the work place still affected you. In cases like this, you can still take legal action against your employer.
Don’t Hesitate to Get Representation
If you live in New Mexico and have been subjected to sexual harassment in your workplace, you should seek legal counsel immediately. Contact us to have Roybal-Mack & Cordova, P.C.’s expertise in sexual harassment law on your side.