Legal Opinion
Gonzalez v. Performance Painting, Inc.
New Mexico Supreme Court
Decided May 30, 2013No. Docket 32,844PublishedCited by 10 opinions
1Opinion of the Court
OPINION
BOSSON, Justice.
Undocumented workers injured on the job present a special challenge under the W orkers’ Compensation Act. All workers are encouraged to return to work when medically feasible, yet federal law may preclude some employers from extending rehire offers to undocumented workers once they learn of their status. Federal law also requires employers to hire in good faith and demand documentation of prospective employees showing their lawful status. Because an offer to rehire must be a legitimate offer, we hold that employers who cannot demonstrate such good faith compliance with…
2Cases cited13 opinions
- Hoffman Plastic Compounds, Inc. v. National Labor Relations BoardSupreme Court of the United States · 2002
- Rivera v. Nibco, Inc.Court of Appeals for the Ninth Circuit · 2004
- Delgado v. Phelps Dodge Chino, Inc.New Mexico Supreme Court · 2001
- Chavez v. Mountain States ConstructorsNew Mexico Supreme Court · 1996
- Salazar v. TorresNew Mexico Supreme Court · 2007
8 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Schultz v. Pojoaque Tribal Police Dep'tNew Mexico Court of Appeals · 2013
- Schultz Ex Rel. Schultz v. Pojoaque Tribal Police DepartmentNew Mexico Court of Appeals · 2013
- Segura v. J.W. Drilling, Inc.New Mexico Court of Appeals · 2015
- Segura v. J.W. Drilling, Inc.New Mexico Court of Appeals · 2015
- Taylor v. Waste Mgmt. of N.M.New Mexico Court of Appeals · 2021
5 more not listed; retrieve them via the Exa API.