New Mexico Employment Harassment Package

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US-P125-PKG
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Package containing Sample Documents and Forms on Harassment
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FAQ

Under New Mexico law, employees are entitled to certain leaves or time off, including military leave, voting leave, domestic violence leave, emergency responder leave and paid sick leave. See Time Off and Leaves of Absence. New Mexico prohibits smoking in the workplace and texting while driving. See Health and Safety.

For example, New Mexico's employees cannot be fired because of a protected characteristic, such as their color, race or religious beliefs. Similarly, New Mexico employees cannot be fired for calling attention to unfair working conditions or engaging in similar ?whistleblowing? behaviors.

Section 30-3A-2 - Harassment; penalties. A. Harassment consists of knowingly pursuing a pattern of conduct that is intended to annoy, seriously alarm or terrorize another person and that serves no lawful purpose. The conduct must be such that it would cause a reasonable person to suffer substantial emotional distress.

Calling the Occupational Health and Safety Bureau at 505-476-8700. Sending an email to Complaints.OSHA@state.nm.us. Submitting your complaint through the online complaint form here.

Under federal and New Mexico laws, your employer cannot retaliate against you for asserting any right granted to you under local, state and federal laws. That means that any adverse act taken against you in response to exercising a legal right may give you the right to pursue legal action against your employer.

? To state a claim for a hostile work environment, the alleged conduct must be so severe and pervasive that the workplace is transformed into a hostile and abusive environment for the employee. Herald v. Board of Regents of the Univ. of N.M., 2015-NMCA-104, cert.

Workplace harassment is defined as a single or repeated incident of objectionable or unwelcome conduct, comment, bullying or action intended to intimidate, offend, degrade or humiliate a particular person or group.

Final Payments If an employee quits or resigns, the State of New Mexico requires the employer to issue a final paycheck on the succeeding payday, if the employee does not have a written employment contract for a definite period. N.M. Stat. § 50-4-5.

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New Mexico Employment Harassment Package