Experienced Employment Law Attorney in Las Cruces, New Mexico
At the Law Office of Daniela Labinoti, P.C., our Las Cruces employment law attorney has spent the past 15 years focused on ensuring employees throughout the State of New Mexico have their rights protected from unlawful treatment in the workplace.
No matter where you work, whether it is in manufacturing or retail, education or healthcare, you have rights that must be upheld each minute you are at work. Legal rights, civil rights, and human rights are afforded to everyone in the U.S., but unfortunately, employers often overlook their duties — or even outright deny employees the rights they are entitled to.
With cutting-edge employment law knowledge, our Las Cruces employment lawyer is dedicated to producing real-time solutions for our clients, so they can regain the dignity and respect they deserve.
The Law Office of Daniela Labinoti, P.C., Las Cruces Employment Lawyer Practice Areas
Employment law is a specialized area of rules and statutes that requires high-level experience and a determined focus to produce results for employees who were the recipients of illegal actions in the workplace.
The laws are very clear, at both state and federal levels, regarding employer and employee interaction. When those laws are violated, our employment law firm in Las Cruces will take action to protect our clients while pursuing the best outcome available for their unique legal circumstances.
At the Law Office of Daniela Labinoti, P.C., our Las Cruces employment lawyer practice areas include:
The U.S. Equal Employment Opportunity Commission outlines the Federal laws forbidding employment discrimination. When employers’ actions — or inactions — lead to discrimination in the workplace, employees may be eligible to file a lawsuit against those who have violated these clear-cut laws to reach several goals.
First, that the employee who was discriminated against obtains justice for their unlawful treatment. Next, both current and future employees are not subjected to the same shameful acts going forward.
Our employment discrimination attorney in Las Cruces represents individuals who have suffered from:
- Age discrimination
- Disability discrimination
- National origin discrimination
- Pregnancy discrimination
- Race discrimination
- Racial harassments
- Religious discrimination
- Sexual orientation discrimination
- Status as a parent discrimination
To further our state’s position as a community that will not tolerate discrimination on any level, our New Mexico Governor, Michelle Lujan Grisham, signed into law a measure protecting pregnant women and new mothers from workplace discrimination.
Sexual harassment is a demoralizing event that occurs throughout the country, in public places, private businesses, and even government offices.
The shame, discomfort, and agonizing feeling that comes with entering a workplace that allows sexual harassment to occur are unimaginable. And holding the offenders accountable is even more difficult without having a committed lawyer by your side.
As an experienced sexual harassment attorney in Las Cruces, we fervently advocate for employees who have faced these difficult circumstances each day.
If you were sexually harassed at work and want to pursue legal action, several steps must occur to hold your employer responsible for these conditions.
The timeline to pursue sexual harassment cases begins with the EEOC reporting requirement, which must occur within 180 days of the incident. You must also alert your employer to sexual harassment, which can be difficult — especially if your supervisor is the one violating the law.
Our New Mexico Legislation protects employees from sexual harassment in the form of quid pro quo, intimidating, offensive, or demeaning behavior, which can include – but is not limited to:
- Verbal, nonverbal, or physical conduct of a sexual nature
- Requests for sexual favors
- Unwelcome sexual advances
If you have experienced sexual harassment in the workplace, even if you witnessed the unlawful activity and suffered from a hostile work environment, contact our Las Cruces sexual harassment lawyer today for help.
Illegal activity in the workplace is exactly that: Illegal.
If you have experienced retaliation for reporting illegal activity or asserting your rights not to participate in these actions in your workplace, our employer retaliation attorney in Las Cruces can help.
Our employer retaliation attorney in Las Cruces handles cases where our clients have suffered retribution in any form including altered employment terms regarding pay, position, or termination for:
- Asserting employee rights, including taking FMLA leave
- Filing a workers’ compensation claim
- Refusing to perform illegal activities
- Reporting discrimination or harassment
- Reporting illegal workplace activity, or whistleblowing
- Reporting hazardous working conditions or rule violations to Occupational Safety and Health Administration
As workplace protections have evolved, Federal and state laws have added multiple layers of protection for reporters of workplace wrongdoings, so their rights are protected going forward.
These laws are complex and complicated to navigate and include observing deadlines, gathering relevant evidence, and proper reporting procedures that are crucial to your case’s success.
Our Las Cruces whistleblower lawyer will guide you through each step of the legal process to ensure your claim is properly submitted and managed from beginning to end.
Whistleblowers can pursue more than protection from unlawful activities but can also be rewarded for acting against their employers. Whistleblower and qui tam laws offer incentives for reporting misconduct, which could reach up to 30% of the recovery amount of the claim.
Employees who meet specific requirements are entitled to a leave of absence for family or medical reasons.
Locally, the Governor of New Mexico signed an executive order to establish a 12-week paid parental leave policy for all state employees under her purview, furthering our state’s advocacy for FMLA laws.
From a Federal standpoint, the Family Medical Leave Act protects qualifying leave for:
- For a serious health condition that renders the employee unable to perform the functions of their job
- To care for a child, spouse, or parent with a serious health condition
- The birth of the employee’s child, and to care for the newborn child
- The placement of a child for adoption or foster care with an employee
- A spouse, child, or parent is a covered military member on active duty or notification of an impending call or order to active duty
- To care for a covered servicemember who became ill or was injured as a result of
- active duty service
If you have been denied any rights provided by FMLA, whether local or Federal, our Family and Medical Leave Act attorney in Las Cruces wants to hear your story, so we can provide the legal solutions you need to act and hold your employer responsible for their unlawful actions.
State and federal laws protect employees from wrongful termination that resulted from discrimination or for reporting unlawful employer practices.
Employers CANNOT fire employees for:
- Filing a claim for employment discrimination
- Filing a complaint about sexual harassment
- Supporting a co-worker’s claim of discrimination or harassment
- Filing a claim for workers’ compensation
- Acting as a whistleblower concerning your employer’s practices
- Becoming pregnant or observing your rights under the Family and Medical Leave Act
If you believe you have been wrongfully terminated or if your employer has violated your rights in any way, contact our Las Cruces wrongful termination lawyer today to understand how we can hold your employer responsible without delay.
New Mexico Workers’ Compensation Rules and Statutes impose strict workers’ compensation insurance rules on our state’s employers. All businesses with three or more employees, which includes the owner and any part-time employees, must provide workers’ compensation coverage.
If you were hurt at work, you have the right to pursue financial recovery from your employer’s workers’ compensation insurance plan.
Unfortunately, when employees are hurt at work, and file workers’ compensation claims, their employers often retaliate for financial hardship.
If your employer retaliated against you for filing a workers’ compensation claim, they are breaking the law, and our Las Cruces workers’ compensation retaliation lawyer can help you hold them accountable for their unlawful behavior.
Our experienced workers’ compensation lawyer will also help you collect the compensation owed to you from your claim, as well as the additional amount required to protect your rights from the illegal behavior exhibited by your employer.
With extensive litigation experience and a passion for ensuring our Las Cruces community’s rights are protected, our Las Cruces employment law attorney focuses on providing legal solutions that produce real results for our clients.
Las Cruces, New Mexico Economic Stability
Las Cruces, New Mexico is home to nearly 100,000 residents who work tirelessly to maintain financial stability for their families.
The largest employers in Las Cruces, New Mexico include:
- Gadsden Independent Schools
- Doña Ana Community College
- New Mexico State University
- Memorial Medical Center
- Doña Ana County
- Las Cruces Public Schools
- City of Las Cruces
- New Mexico Corrections Department
- NASA White Sands Test Facility
- White Sands Missile Range
No matter where you work in Las Cruces, New Mexico, you have rights that must be protected each moment you are in the workplace. When your employer or another employee violates your rights, you are entitled to hold them accountable for their actions.
At the Law Office of Daniela Labinoti, P.C., our Dona Ana County employment law attorney will walk you through the legal process and ensure you know each of your rights, beginning with a free initial consultation by calling (915)265-5694 today. You are not alone. We are here to help you hold your employer responsible for their illegal actions while pursuing the best outcome available for your unique circumstances.