Legal Question in Employment Law in New Mexico

Re: educational expenses

I am a COlorado attorney and have not researched NM law. I offer the following only as observations. In CO there are specific limitations against recovery of educational expenses after two years. Of greater concern to me are the issues : was there consideration for the contract (if the employee was already an employee when presented with the contract what was he given to "cement" the promise not to leave? Would he have gotten the training anyway? (Have others?) 2. such an arrangement may give rise to a claim that the employee was not employed at-will 3. what has the employer done with similarly situated employees? Generally, in light of the CO law on the subject, courts may address the issues of how job specific was the training, will it give the employee of a competitor an unfair advantage? Was it required of the employee or his class? There is something of a presumption that after some amount of time, the cost has been re-couped by the employer. As a managment defense employment lawyer, I recommend caution in such a situation, because of possible counter claims, which may entail discrimination, wage issues (overtime) bereach of contract, etc. Such an action will prompt an employee to seek legal counsel who may scrutinize other facts. PLease feel free to contact me if I can be of service.

Dymond Steven

Steven H. Dymond P.C.

1444 Wazee Street, Suite 335