Slate's Law Blog Common Employee Complaints in Business Litigation

Businesses in Santa Fe can face many different types of business litigation. Sometimes business litigation involves outside vendors or commercial real estate landlords, while other cases leading to business litigation involve disputes within the company itself. Partners or members in businesses can have disputes about running the business, while those same parties can face complaints from employees that ultimately lead to litigation. We want to discuss some of the most common reasons for employee complaints

Common Employee Complaints in Business Litigation

Businesses in Santa Fe can face many different types of business litigation. Sometimes business litigation involves outside vendors or commercial real estate landlords, while other cases leading to business litigation involve disputes within the company itself. Partners or members in businesses can have disputes about running the business, while those same parties can face complaints from employees that ultimately lead to litigation. We want to discuss some of the most common reasons for employee complaints that result in business litigation in New Mexico.

Workplace Discrimination

Whether an employee files an employment discrimination claim under state or federal law, your business ultimately could be facing litigation. There are many different forms of employment discrimination, from discrimination on the basis of race, religion, and sex under the Civil Rights Act of 1964 to age discrimination and disability discrimination. Laws that prohibit workplace discrimination also prohibit unlawful harassment, including sexual harassment, as well as retaliation.

Wrongful Termination

Wrongful termination lawsuits can also take many forms. Some of these lawsuits will allege discrimination, while others might argue that your business unlawfully terminated the employee in retaliation. Generally speaking, employers cannot retaliate against an employee who exercises his or her rights under state or federal law, and any adverse action could be construed as retaliation and could lead to litigation.

Unpaid Wages or Overtime

Unpaid wages and unpaid overtime are another common issue in employee lawsuits. The Fair Labor Standards Act (FLSA) requires employers to pay at least the minimum wage, as well as one and one-half times the employee’s regular rate of pay for overtime hours worked beyond a 40-hour workweek. Under New Mexico state law, employees must be paid at least the state’s minimum wage of $9.00, and all non-exempt employees must be accurately compensated for overtime hours worked.

Breach of Employment Contract

Business litigation often arises when an employee alleges a breach of contract when it comes to his or her employment contract. In some cases, litigation concerning a breach of employment contract can also arise when an employer needs to take legal action against an employee. If there are no mandatory arbitration clauses in an employment contract and an employee files a lawsuit, you will need to hire an experienced Santa Fe business litigation lawyer who can represent your business.

With breach of contract cases surrounding employment contracts, lawsuits can range widely. For example, an employee might allege that the employer failed to uphold certain promises made in the employment contract concerning salary or severance pay, or an employee might challenge the terms of a non-compete clause or other restrictive covenant contained in the employment contract.

Seek Advice from a Santa Fe Business Litigation Attorney

If you are facing business litigation and need representation, you should seek advice from an experienced Santa Fe business litigation lawyer at our firm. We handle a wide variety of business law issues and can discuss options with you after evaluating the particular facts of your case. Contact Slate Stern Law today for more information about our services.

 result in business litigation in New Mexico.

Workplace Discrimination

Whether an employee files an employment discrimination claim under state or federal law, your business ultimately could be facing litigation. There are many different forms of employment discrimination, from discrimination on the basis of race, religion, and sex under the Civil Rights Act of 1964 to age discrimination and disability discrimination. Laws that prohibit workplace discrimination also prohibit unlawful harassment, including sexual harassment, as well as retaliation.

Wrongful Termination

Wrongful termination lawsuits can also take many forms. Some of these lawsuits will allege discrimination, while others might argue that your business unlawfully terminated the employee in retaliation. Generally speaking, employers cannot retaliate against an employee who exercises his or her rights under state or federal law, and any adverse action could be construed as retaliation and could lead to litigation.

Unpaid Wages or Overtime

Unpaid wages and unpaid overtime are another common issue in employee lawsuits. The Fair Labor Standards Act (FLSA) requires employers to pay at least the minimum wage, as well as one and one-half times the employee’s regular rate of pay for overtime hours worked beyond a 40-hour workweek. Under New Mexico state law, employees must be paid at least the state’s minimum wage of $9.00, and all non-exempt employees must be accurately compensated for overtime hours worked.

Breach of Employment Contract

Business litigation often arises when an employee alleges a breach of contract when it comes to his or her employment contract. In some cases, litigation concerning a breach of employment contract can also arise when an employer needs to take legal action against an employee. If there are no mandatory arbitration clauses in an employment contract and an employee files a lawsuit, you will need to hire an experienced Santa Fe business litigation lawyer who can represent your business.

With breach of contract cases surrounding employment contracts, lawsuits can range widely. For example, an employee might allege that the employer failed to uphold certain promises made in the employment contract concerning salary or severance pay, or an employee might challenge the terms of a non-compete clause or other restrictive covenant contained in the employment contract.

Seek Advice from a Santa Fe Business Litigation Attorney

If you are facing business litigation and need representation, you should seek advice from an experienced Santa Fe business litigation lawyer at our firm. We handle a wide variety of business law issues and can discuss options with you after evaluating the particular facts of your case. Contact Slate Stern Law today for more information about our services.


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