Legal Question in Employment Law in New Mexico

I am a delivery driver and am on salary, I was ordered to start clocking in. I received a red mark if I was one minute late. After seven times, you get fired. I was at six for several months. My wife and I recently became pregnant and my wife had an appointment to reveal the gender of our baby along with checking the baby's heart . I was placed on the route up the mountains which is a one and a half hour drive. I called my supervisor Jimmy and asked if I could return to Roswell to accompany my wife. He said no that I had to finish my route. The route salesperson for Pepsi was there when I placed the call , he volunteered to finish my two stops so I could be with my wife. He is a certified CDL driver and has driven product delivery trucks for Roswell Pepsi. I told Jimmy what was going to happen and he said okay. (Now he denies he gave me permission) The following day after our Doctor�s appointment I was fired. The reason given was punctuality or tardiest. Couldn�t believe it. There are so many other things that I could tell you about like falsifying my timesheet by Jimmy. There are four other ex and current Pepsi employees that have said they are will to join in on any legal action. I was also denied unemployment due to my ex employer citing I was terminated do to misconduct. I has also been brought to my attention that Jimmy was already looking for my replacement when I was on my way back. He told a coworker "we are gonna get rid of that guy." I have four other employees and ex employees who are willing to take legal action who felt they too were being harassed and discriminated against.


Asked on 4/06/10, 10:01 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

New Mexico is an employment-at-will state. That means that if you do not have a written employment contract, or an express or implied contract in the company policy manual, then you can be fired for any reason or no reason at all. The only discrimination the law protects against is religion, sex, and race. Consult an employment attorney in your area. Initial consultations are usually done at no cost.

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Answered on 4/11/10, 4:00 pm


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