New Mexico Questions & Answers by Practice Area
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New Mexico Questions & Answers
Q: Can I do a tort claim for compensation of property lost by the local police department
1 Answer
| Asked
in
Civil Rights, Criminal Law and Personal Injury
for
New Mexico
on
Answered on Apr 26, 2016
Answered on Apr 26, 2016
Marshall Jason Ray's answer
You would need to provide more details. While a tort claim is probably not the avenue, there usually is a process for taking inventory and providing a receipt of voucher of property taken. There can be many breakdowns in that process. Alternatively, depending on the facts, the property might be subject to forfeiture. You have not provided enough facts.
You would need to provide more details. While a tort claim is probably not the avenue, there usually is a process for taking inventory and providing a receipt of voucher of property taken. There can be many breakdowns in that process. Alternatively, depending on the facts, the property might be subject to forfeiture. You have not provided enough facts.
Q: While in my yard, my dog jumped against the brick wall, his head got over, and bit someone. What's my liability?
David A. Wolf's answer
It appears that New Mexico does not have a dog bite statute in place for strict liability. The dog bite victim will need to show a prior dog bite OR negligence on the part of the dog owner. The victim could argue that you knew or should have known of the dog's aggressiveness and dangerous propensities. Ultimately, it appears that the case will depend on the the facts and the assessment by the Judge or Jury as to negligence (if any) on your part. Many attorneys ultimately shy away from cases...
It appears that New Mexico does not have a dog bite statute in place for strict liability. The dog bite victim will need to show a prior dog bite OR negligence on the part of the dog owner. The victim could argue that you knew or should have known of the dog's aggressiveness and dangerous propensities. Ultimately, it appears that the case will depend on the the facts and the assessment by the Judge or Jury as to negligence (if any) on your part. Many attorneys ultimately shy away from cases...
Q: I applied for job at a FQHC clinic in nm. They are saying they can't hire me because my great uncle is a board member???
Trent A. Howell's answer
An entity that is a “Federally Qualified Health Center” (FQHC) under Medicare and Medicaid statutes operates under certain federal regulations that may prohibit certain conflicts of interest, which may include nepotism in certain situations. Whether those regulations apply to you would depend on the details of the clinic and the potential workplace interactions between yourself and your great uncle. EEOC generally would not be involved in such a situation, unless you could demonstrate the...
An entity that is a “Federally Qualified Health Center” (FQHC) under Medicare and Medicaid statutes operates under certain federal regulations that may prohibit certain conflicts of interest, which may include nepotism in certain situations. Whether those regulations apply to you would depend on the details of the clinic and the potential workplace interactions between yourself and your great uncle. EEOC generally would not be involved in such a situation, unless you could demonstrate the...
Q: I quit my job does my ex boss have the right to pay me minimum wage even though I made more than that
Trent A. Howell's answer
In general, for work already done, an employer must pay whatever rate of pay was agreed upon before the work was done. Unless the employer has also entered an agreement to continue a rate of pay for a certain period of time into the future, an employer can change the rate of pay going forward, but in no case decrease the amount below any applicable minimum wage. This is not legal advice to you, but a general idea of the law. Whether and how it applies to you would depend on the details of...
In general, for work already done, an employer must pay whatever rate of pay was agreed upon before the work was done. Unless the employer has also entered an agreement to continue a rate of pay for a certain period of time into the future, an employer can change the rate of pay going forward, but in no case decrease the amount below any applicable minimum wage. This is not legal advice to you, but a general idea of the law. Whether and how it applies to you would depend on the details of...
Q: It is allowed to pay youth participants in summer youth program stipends vs an hourly wage.
Trent A. Howell's answer
Depending on the nature and size of the employer, this question may involve both federal and state law. As to New Mexico law, the local agency responsible for enforcing minimum wage laws has posted some helpful information on its website: http://www.dws.state.nm.us/Job-Seeker/Career-Exploration/Internships/Internship-FAQs
Depending on the nature and size of the employer, this question may involve both federal and state law. As to New Mexico law, the local agency responsible for enforcing minimum wage laws has posted some helpful information on its website: http://www.dws.state.nm.us/Job-Seeker/Career-Exploration/Internships/Internship-FAQs
Q: How far back do background checks go?
Trent A. Howell's answer
In addition to limitations under the federal Fair Credit Reporting Act, New Mexico Statute Section 56-3-6 generally places some limits on the information "credit bureaus" can list, such as limiting reporting of bankruptcies to no longer than 14 years, collection accounts no longer than 7 years, and arrest and convictions no longer than 7 years.
In addition to limitations under the federal Fair Credit Reporting Act, New Mexico Statute Section 56-3-6 generally places some limits on the information "credit bureaus" can list, such as limiting reporting of bankruptcies to no longer than 14 years, collection accounts no longer than 7 years, and arrest and convictions no longer than 7 years.
Q: Do I have to repay a relocation package if I was misled into relocating?
Trent A. Howell's answer
Generally, the answer would depend on the specific terms of your repayment agreement. In some situations, New Mexico does recognize a claim of "fraud in the inducement" of an agreement as grounds to void the agreement. Generally, New Mexico Statutes Section 50-4-2 prohibits an employer from any deductions against a paycheck other than for taxes and "except as may be specifically stated in a written contract of hiring entered into at the time of hiring." Generally, the same statute requires...
Generally, the answer would depend on the specific terms of your repayment agreement. In some situations, New Mexico does recognize a claim of "fraud in the inducement" of an agreement as grounds to void the agreement. Generally, New Mexico Statutes Section 50-4-2 prohibits an employer from any deductions against a paycheck other than for taxes and "except as may be specifically stated in a written contract of hiring entered into at the time of hiring." Generally, the same statute requires...
Q: I hurt my knee on the job on the FD and forced to resign, im on work comp, should I be getting a settlement?
1 Answer
| Asked
in
Employment Law and Workers' Compensation
for
New Mexico
on
Answered on Apr 14, 2016
Answered on Apr 14, 2016
Trent A. Howell's answer
In certain situations, the New Mexico Workers' Compensation Act, NMSA § 52-1-28.2, prohibits the employer from retaliating/terminating/pressuring resignation after an employee sustains a workplace injury and/or makes a claim for Workers Compensation benefits. Whether it applies to you would depend on the details of your employment, injury, and situation.
In certain situations, the New Mexico Workers' Compensation Act, NMSA § 52-1-28.2, prohibits the employer from retaliating/terminating/pressuring resignation after an employee sustains a workplace injury and/or makes a claim for Workers Compensation benefits. Whether it applies to you would depend on the details of your employment, injury, and situation.
Q: My father married a woman they have been married 5 years. 2years into the marriage he was diagnosed with dementia.
1 Answer
| Asked
in
Elder Law, Estate Planning and Family Law
for
New Mexico
on
Answered on Apr 1, 2016
Answered on Apr 1, 2016
Terrence H Thorgaard's answer
You probably can petition to challenge his revocation of the trust, claiming that he lacked the mental capacity to do so. Was he the trustee as well as the trustor?
You probably can petition to challenge his revocation of the trust, claiming that he lacked the mental capacity to do so. Was he the trustee as well as the trustor?
Q: Can my employer replace me with a new hire because I had to take two days off to undergo a medical procedure?
Marshall Jason Ray's answer
You will need to consult with an attorney where you can provide more details to determine what the legal implications are of your employer's actions. As a general rule, unless there is a contract stating otherwise (such as a collective bargaining agreement), an employer can fire and replace an employee for any legitimate reason or for no reason at all. The employer can also change your schedule, or give the shift you prefer to another. If, however, your employer takes an adverse action (and...
You will need to consult with an attorney where you can provide more details to determine what the legal implications are of your employer's actions. As a general rule, unless there is a contract stating otherwise (such as a collective bargaining agreement), an employer can fire and replace an employee for any legitimate reason or for no reason at all. The employer can also change your schedule, or give the shift you prefer to another. If, however, your employer takes an adverse action (and...
Q: haven't got paid
Marshall Jason Ray's answer
Did you do this on a contract basis or were you an employee (sometimes even if you were told you were a contractor, the law might consider you an employee)? You can report to the New Mexico Department of Workforce Solutions Wage and Hour Bureau. They will investigate employers who fail to pay earned wages and will attempt to recover those wages if they find that they are owed to you. You should do so quickly, however, because they will usually not take wage claims over one year old. You...
Did you do this on a contract basis or were you an employee (sometimes even if you were told you were a contractor, the law might consider you an employee)? You can report to the New Mexico Department of Workforce Solutions Wage and Hour Bureau. They will investigate employers who fail to pay earned wages and will attempt to recover those wages if they find that they are owed to you. You should do so quickly, however, because they will usually not take wage claims over one year old. You...
Q: Can my employer take my PTO Ive accrued in the year and 2 months I've been employed as a full time employee ?
Marshall Jason Ray's answer
It is not clear what you mean when you say you are now a part time employee even though your hours stay the same. You would need to provide more details, but the general rule in New Mexico is that issues related to accrual, use, or loss of vacation or sick leave are determined by your employer's policies. Employers also have the right to hold you accountable for frequent absences, even if you believe those absences are for good personal reasons. They can also cut your hours, put you on...
It is not clear what you mean when you say you are now a part time employee even though your hours stay the same. You would need to provide more details, but the general rule in New Mexico is that issues related to accrual, use, or loss of vacation or sick leave are determined by your employer's policies. Employers also have the right to hold you accountable for frequent absences, even if you believe those absences are for good personal reasons. They can also cut your hours, put you on...
Q: Penalty for running business with employees with no registration to state of NM
Marshall Jason Ray's answer
It is not clear what you are asking. With few exceptions, any business in New Mexico with employees must register with multiple government entities. The business should have a Federal Employer Identification number (EIN) to facilitate federal payroll taxes and withholding. The business will also need a tax identification number (called a CRS number) with the State of New Mexico for state payroll taxes and for reporting gross receipts and paying gross receipts tax (GRT). The employer must...
It is not clear what you are asking. With few exceptions, any business in New Mexico with employees must register with multiple government entities. The business should have a Federal Employer Identification number (EIN) to facilitate federal payroll taxes and withholding. The business will also need a tax identification number (called a CRS number) with the State of New Mexico for state payroll taxes and for reporting gross receipts and paying gross receipts tax (GRT). The employer must...
Q: Is there a case of False Advertisement or Bait and Switch?
Marshall Jason Ray's answer
Is this a real scenario? You were hired as a baker and then reassigned to duties as a car mechanic? It is not clear from your description whether you have any legal claims. Employment in New Mexico is presumed at-will unless there is a contract stating otherwise. That means the employer does not have to have a reason to terminate you and can do so when the employer wishes. You can quit at any time as well. Employers can also change your job duties under many circumstances and it is up to...
Is this a real scenario? You were hired as a baker and then reassigned to duties as a car mechanic? It is not clear from your description whether you have any legal claims. Employment in New Mexico is presumed at-will unless there is a contract stating otherwise. That means the employer does not have to have a reason to terminate you and can do so when the employer wishes. You can quit at any time as well. Employers can also change your job duties under many circumstances and it is up to...
Q: Completed a 3 year sentence in doc and just won my appeal in new Mexico court of appeals what actions can I take
1 Answer
| Asked
in
Constitutional Law, Civil Rights and Criminal Law
for
New Mexico
on
Answered on Mar 19, 2016
Answered on Mar 19, 2016
Marshall Jason Ray's answer
You should consult with an attorney. What options you have will depend on many facts, which you have not provided here. For example, you may be contemplating bringing a civil rights lawsuit. You do not automatically have a case just because your conviction was overturned after you served some amount of time. Whether you have a civil rights lawsuit will depend on whether there were individuals, such as law enforcement officials, who violated your rights by acting in a manner that they knew...
You should consult with an attorney. What options you have will depend on many facts, which you have not provided here. For example, you may be contemplating bringing a civil rights lawsuit. You do not automatically have a case just because your conviction was overturned after you served some amount of time. Whether you have a civil rights lawsuit will depend on whether there were individuals, such as law enforcement officials, who violated your rights by acting in a manner that they knew...
Q: this is a neptoism question...can 2 people that work for the same company and department date?
Marshall Jason Ray's answer
This happens all of the time. Whether it is permitted or not is a matter of company policy. Government entities are subject to some anti-nepotism laws, but otherwise fraternization and nepotism are not legal issues but rather issues of company policy.
This happens all of the time. Whether it is permitted or not is a matter of company policy. Government entities are subject to some anti-nepotism laws, but otherwise fraternization and nepotism are not legal issues but rather issues of company policy.
Q: Are employers required to put employees on a schedule if they are on the payroll but company does not have labor hours
Marshall Jason Ray's answer
If you do not have the work, you do not have to schedule employees for a minimum amount of hours unless you have entered into a contract that alters the presumptive at-will relationship. Even if you do have the work, you do not have to guarantee any worker a minimum number of hours. This answer reflects the general rule in New Mexico. Some jurisdictions, in particular some cities around the country, are considering passing ordinances that have the effect of requiring far in advanced notice...
If you do not have the work, you do not have to schedule employees for a minimum amount of hours unless you have entered into a contract that alters the presumptive at-will relationship. Even if you do have the work, you do not have to guarantee any worker a minimum number of hours. This answer reflects the general rule in New Mexico. Some jurisdictions, in particular some cities around the country, are considering passing ordinances that have the effect of requiring far in advanced notice...
Q: What type of case is best for a personal injury against a business when you don't have the money to put upfront?
Mr. Michael O. Stevens' answer
This would be a premises liability case, and like most personal injury cases, attorneys tend to handle these on a contingency basis. That means you should not have to put up money up front (be cautious if an attorney asks, as that would tend to indicate they do not feel strongly about your chances of winning).
This would be a premises liability case, and like most personal injury cases, attorneys tend to handle these on a contingency basis. That means you should not have to put up money up front (be cautious if an attorney asks, as that would tend to indicate they do not feel strongly about your chances of winning).
Q: If i signed a non compete agreement for a eyebrow threading company in New Mexico are there ways around it?
Mr. Michael O. Stevens' answer
Many times there are. I would seek out a local employment law attorney to review what the agreement says and what options you have.
Many times there are. I would seek out a local employment law attorney to review what the agreement says and what options you have.
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