In the trial, Scherr Legate proved that the former employer had retaliated against the man for filing a workers’ compensation claim. This retaliation involved treating him differently from other tire technicians and forcing him to work beyond his doctor prescribed light-duty restrictions, ultimately leading to his firing when he re-injured himself. The jury compensated our client with a verdict of $900,000.

For a FREE consultation, please visit our website at or call us at 915-544-0100. Our team of experienced attorneys is here to help you get the justice you deserve.

Wrongful Termination


  • This field is for validation purposes and should be left unchanged.

In the state of New Mexico, employees are considered to be working “at will”. This means that an employer can fire any employee at any time for any reason. However, in order to try to protect honest employees from illegitimate firing practices, wrongful termination laws have been established and can be enforced with legal representation.

Employers cannot make job decisions based on race, color, religion, sex or national origin. Additionally, they cannot discriminate against you based on age, genetic information or disability. The phrase, “job decisions,” includes job listings, interviews, promotions, benefits, compensation and disciplinary actions, as examples.

In addition, laws also protect workers against harassment, defined as unwelcome actions or statements based on certain traits like race or sex that can create a hostile or offensive working environment. If someone must endure this kind of harassment in order to keep his or her job, then the employer could be violating the law. If you complain to someone within the company or to a government agency, it is illegal for your employer to retaliate against you, by firing you (wrongful termination), for example.

Our employment law attorneys at Cervantes Scherr Legate have always understood the importance of defending the rights of the working American. In fact, the entirety of our firm is dedicated to matters that concern employees all across the state of New Mexico.

You may be a victim if:

If you have been fired and you do not believe there are clear or valid reasons why, the employment lawyers at Cervantes Scherr Legate can help you find the justice you deserve. To discuss your unique circumstances, please call to set up a consultation.

Defamation of Character

In order to avoid a wrongful termination lawsuit, some employers will make up false reasons for why they terminated you. This is known as defamation of character. You might have a case if your employer defamed you to bolster its case for your termination.

For example, if he or she accused you of doing drugs as a reason for firing you, and you did not use controlled substances, a wrongful termination attorney can help reveal this discrepancy to the court.