Wrongful Termination: WPA/HRA/Title VII

Many employees do not realize they have rights and the employer-employee relationship is regulated by law. Being the plaintiff in any case can be overwhelming, especially if you do not know what to expect, and feel at the mercy of their employer. We work to educate our clients to make sure they understand what they are facing, get the facts of their case and strategize to legally fight for their rights against employers who break the rules.

Under the New Mexico Whistleblower Protection Act, it is unlawful for a government employer to retaliate or punish a given employee when that employee communicates to the employer, or in some cases others, information about improper or unlawful acts by others in that employer. Retaliatory acts can take the form of unpaid suspensions, demotions, ostracization, and termination. Often, especially for our law enforcement and professional clients, such actions can be career ending.

We fight to make sure every employee is treated fairly and their rights are not violated under Title VII of the Civil Rights Act of 1964 or the New Mexico Human Rights Act. This includes gender discrimination, age discrimination, race, pregnancy and other areas where civil rights play a major role in employer discrimination.

Discrimination and harassment is one of the most intricate issues surrounding the workplace. Although there are clear delineations on what harassment and discrimination is, employers frequently ignore the rules and retaliate against employees that report inappropriate behavior. Harassment and discrimination laws specifically make it unlawful for an employer to discriminate or retaliate under the law on the basis of sex, gender, race, religion, ethnicity, or many other personal traits and characteristics. Knowing what can be deemed as harassment or discrimination is key. Here are a few examples:

• Written or verbal conduct laced with personal behavior or sexual innuendoes.
• Physical conduct, whether violent or non-violent.
• Nonverbal conduct, where someone make derogatory gestures of a sexual nature.
• Inappropriate visual displays of drawings or e-mails.
  Failure to accommodate an employee's injuries, ailments, or medical needs.



Employees have the right to be protected from any employer encouraging harassment or discrimination in the workplace. We work in their defense to investigate and get to the bottom of the issue, making sure their interests are protected. In the event the employee is terminated, we work to get the compensation due to them and also work to hold the employer responsible for their actions.

Contracts create promises parties owe to each other. Often this means an employer agrees to take certain actions in exchange for the labor they received from their employees. If either of those parties fail to provide or satisfy those promises, a breach of contract claim may rise. We work with institutions, individuals, and employees to get compensation or other benefits for contract breaches that may have resulted over the course of an employer-employee business relationship.