Can I file a wrongful termination lawsuit?

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I work for Salmons Tiger Stores and I was spit on by a customer, my assistant manager ignored the fact that I had to wash my face and didn't leave his office to wait on the other customers; after I finished getting my line down and the last customer out I told him I was going home. This occurred on 4/26/2020, my HR manager refused to let me return to work until he spoke with me. He spoke with me on 4/28/2020 and stated that he'd call me back after he spoke with another witness; he called me on 4/30/2020 and let me go. Amy

Attorney Answer

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Logan Jones ·
I am sorry to learn of this situation. New Mexico is an at-will employment state. Under the at-will presumption, a New Mexico employer, absent an agreement or statutory or public policy exception to the contrary, may terminate an employee for any reason at any time. If you feel your termination is unjust is I encourage you to file for unemployment benefits and request a hearing – if your employer asserts your termination was justified - to determine if you may qualify for benefits. This process may also help to flesh out any additional potential claims you may have for any further action such as discrimination or retaliation for reasons such as filing a workers’ compensation claim, reporting wrongdoings or violations of law, refusing to commit a crime or to act contrary to public policy, or performing a civic duty such as serving on a jury or participating as a witness in an investigation. You can begin your application for benefits at this site: https://www.dws.state.nm.us/en-us/Unemployment Depending on the response of your employer, or lack thereof, you may need to contact an experienced attorney their assistance with a hearing and to discuss any potential claim you may have. If you need help locating attorneys to consult, please contact me and I will give you some options - my numbers and information are available on this site. Attorneys who practice this type of law all offer free consultations so it will cost you nothing to talk plus they work on a contingency fee basis so you pay nothing to have them fight for you I wish you the best of luck.
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