Proven Employment Lawyer in New Mexico
Helping You Seek Relief When You Face Excessive Stress on the Job
Stress is pretty much a given in today’s work world. As employers continually demand more production from fewer workers, always seeking to increase the bottom line, everyone suffers, particularly those at the end of the production line. Medical research consistently shows that increased levels of stress, whether in the workplace or elsewhere, translate to physical illness, including heart disease, eating disorders and mental health issues. Unfortunately, many employers tend to treat victims of workplace stress differently than other employees.
Not all situations of workplace bullying or stress are protected. However, if you have been subject to unfair or disparate treatment at work because of the way you’ve responded to workplace stress, you may have a claim based on discrimination. The offices of Buchanan Law Firm, LLC can help.
At Buchanan Law Firm, LLC we offer more than two decades of employment law experience to workers throughout New Mexico. Though our principal office is in Albuquerque, we will travel to meet with you in person anywhere in New Mexico. We have a thorough knowledge of the state’s laws and court systems, as well as how New Mexico’s judges deal with employment law controversies. A highly skilled and respected litigator, Deena Buchanan has served as trial counsel in numerous high-profile, high-stakes lawsuits. She enjoys a well-earned reputation among clients, colleagues and judges for her meticulous preparation and calm demeanor in any situation.
At Buchanan Law Firm, LLC we recognize that no two legal claims are alike. We’ll listen carefully to learn the unique aspects of your claim, as well as what you personally need to resolve your case. To arrange an interview, contact us by e-mail or call our office at 505-596-4987. We offer a free case evaluation for employment law cases. We are available evenings or weekends, if necessary.
Protecting Your Rights When You Face Excessive Workplace Stress
New Mexico is what is known as an “at-will” employment state. That means that either party to an employment arrangement can terminate the relationship for any reason, except in violation of contract, law or public policy. As a general rule, that means that your employer may be able to let you go or change your work assignment because of your response to job-related stress. There are situations, however, where we will aggressively protect your rights against such discrimination:
- Where your employer’s response constitutes a failure to make a “reasonable accommodation” under the Americans with Disabilities Act and the Human Rights Act. If your work-related stress qualifies as a “disability,” your employer must attempt to make a reasonable accommodation—offering you a less stressful position, some time off or different production goals.
- Where your employer takes wrongful action in retaliation for a request for protected time off under the FMLA. The Family and Medical Leave Act lets you take up to twelve weeks off (without pay) and have your job protected while you are gone. Your employer cannot take any punitive actions against you for requesting FMLA time.
- Where your employer creates a “hostile environment” based on your response to stress. This may include condoning or encouraging jokes, comments, pictures or other communications about psychiatric disabilities or conditions similar to what you are experiencing.
Contact an Experienced New Mexico Employment Law Attorney
Let us help determine if you have legal redress for your employer’s response to your workplace stress. To arrange an interview, contact us by e-mail or call our office at 505-596-4987. We offer a free case evaluation for employment law cases. We are available evenings or weekends, if necessary. We accept all major credit cards.
We have recovered tens of millions of dollars for our clients.
Hospital negligence resulted in catastrophic injury. This was a case involving a patient who entered the hospital for routine observation but left the hospital with catastrophic and permanent injuries due to neglect and improper treatment. This case involved extensive expert testimony on all aspects of the client’s care, both by hospital administration, hospital employees, and contractors who were involved in her treatment.
Semi-truck negligence caused wrongful death. This case involved a semi-truck driver who was intoxicated on illegal substances and killed our client. The key to this case was both aggressive discovery work, and understanding the trucking laws that regulate truck drivers and motor carriers, so we could prove how reckless it was to put the driver on the road that day.
Semi-truck negligence caused catastrophic injury. This case involved a semi-truck driver who lost control of his vehicle in a high-traffic area, causing devastating injuries to our client. We were able to reconstruct every step of the events leading up to the crash that day to piece together why this happened, using sophisticated experts in reconstruction engineering.
Semi-truck and corporate negligence caused traumatic brain injury. Our client suffered a traumatic brain injury as a result of the defendant’s negligence in parking a commercial vehicle. The key to this case was understanding trucking regulations and local ordinances at play to show how the situation should have been handled safely.
Semi-truck causing wrongful death. This sad case involved the tragic death of our clients when a semi-driver was high on illegal substances. The key to this case was working closely with law enforcement and our reconstruction expert to identify all of the assets we could recover for these clients so that they could be as fully compensated as possible.