New Mexico Employment Legal Questions

An employer cannot terminate an employee in retaliation for incurring or reporting a work related injury.  While requiring the employee to take a drug test after suffering a work place injury is common, the test results are typically known within 1-2 days.  Therefore, keeping you off work without pay for more than 1-2 days may be a potential violation of the law.  Many states only recognize a claim for retaliation for a workers compensation injury if the employee is actually terminated, as opposed to being suspended for a few days.  Nevertheless, if you have been released to return to work by your doctor, and the drug screen tests are negative, your employer will be hard pressed to keep you off work any longer or to refuse to pay you for the time the employer kept you off work.  You should contact an attorney in your state to determine if there are other legal remedies that may apply.... Read More

You may have a case under the Americans with Disabilities Act as amended in 2008 by the ADAAA. IBS is more than likely a covered disability. Here's how the theory would work: You were hired as a temp, although it is a temp -to-hire situation which is comparable to an employer who utilizes a probationary period for all new hires. The employer was aware you had the disability. You needed to see the doctor and you asked for a reasonable accommodation (to be allowed to keep a doctor's appointment for treatment of your IBS). They retaliated against you for asking by firing you. While you have no case under the Family and Medical Leave Act, since you have not worked there for 12 months, you still have rights under the ADA.  You can file a disability discrimination and retaliation charge with the EEOC.  You also may have additional rights under state law. You should consult with a New Mexico employment lawyer about that. Michael Caldwell 404-979-3150 ... Read More