Daniel M. Faber

Attorney at Law


Specializing in Employment Law


Get in Touch

From a client:

I came to you after I encountered some employment discrimination. I just want to thank you for all of your help. With my settlement, I was able to get into college. I actually just graduated with a BFA in graphic design. With my 3.8 GPA, I was the valedictorian of my class!

Had it not been for your help and compassion, I may have never been able to say that. Your work and genuine spirit is valued and appreciated!
A.S.


Nothing on this page or any of the pages constituting this website should be construed as offering legal advice.

Who I Am

Daniel M. Faber

Attorney at Law

For more than 25 years, I have skillfully advised employees on their employment contracts, guided them on filing EEOC charges, represented employees in court/arbitration/mediation, negotiated settlements, and counseled employees on their legal options in New Mexico. These workplace matters include discrimination, equal pay, sexual harassment, noncompete clauses, contracts, wrongful discharge, and whistleblowing. Believing that individual employees are entitled to quality representation, I’ve opposed large and small companies, and federal, state and local government entities. I’ve also worked to advance the laws of New Mexico so they are fair to all working people.

In 2000, I became one of the first attorneys to be a Board Certified Specialist in Employment Law and Labor Law in New Mexico. That same year, I became a member of the exclusive Million Dollar Advocates Forum.

In a whistleblower case, I won a jury verdict of $1.6 million. I have successfully settled many more whistleblower cases. I have attained substantial settlements in sexual harassment cases against New Mexico employers. I also litigate qui tam (fraud against taxpayers) cases.

My clients are often women, some of whom are lawyers themselves. I represent women in equal pay, harassment, and discrimination cases. Pamelya Herndon, an attorney at Southwest Women’s Law Center, told me: “You have done great work in using the Fair Pay for Women Act in cases against state agencies.”

Although my clients may have experienced injustice in the workplace, they have an empathetic advocate in me. Whether I am litigating, negotiating settlements, or appearing in appeals courts, my trailblazing cases often make news.

After a 15-year career as a television and radio sportscaster, I was accepted to the University of New Mexico School of Law in Albuquerque. I was chosen for the New Mexico Law Review and I was also on the Dean’s List every semester. Since then, I have often taught at UNM.

In 1996, I opened my own office, concentrating on employment cases. I continue to utilize my broadcasting background, answering legal questions posed by the news media. I have been the legal correspondent for CBS affiliate KRQE-TV, and I have often hosted pledge drives on public television station KNME.

I am a proud member of the National Employment Lawyers Association (NELA), the country’s largest organization of lawyers who represent employees in cases involving employment discrimination, illegal workplace harassment, wrongful termination, denial of employee benefits, and other employment-related matters. I am active in NELA’s New Mexico chapter.

I give back to my community by providing pro bono services for Congregation B’nai Israel in Albuquerque, Wild Earth Guardians in New Mexico, the Paralegal Division of the New Mexico Bar, and other organizations. In my spare time I play music at the Sawmill School of Music and softball at Los Altos Park. My wife, Dr. Rachelle Shaw, and I have raised three children to be enlightened, kind, and respectful of all people.


My publications include:
  • “Here’s how to take ’em to people-friendly court.” A Matter of Law supplement to ALBUQUERQUE J. (May 1, 1997).
  • “Take Two Aspirin and Call a Lawyer in the Morning: Over-the-Counter Drugs and Pharmacists’ Liability.” NEW MEXICO BAR J. Vol. 2, No. 6 (1996).
  • “Is Garbage Protected? Copyright of Outtakes.” ENTERTAINMENT, PUBLISHING AND THE ARTS HANDBOOK (1995–96 ed.).
  • “Coopting the Journalist’s Privilege: Of Sources and Spray Paint.” NEW MEXICO LAW REVIEW Vol. 23, No. 2 (1993).
  • Note, “Comparative Negligence and the Obvious Danger Doctrine.” NEW MEXICO LAW REVIEW Vol. 23, No. 1 (1993).
  • “The Evolution of Techniques for Negotiation of Sports Employment Contracts in the Era of the Agent.” U. OF MIAMI ENTERTAINMENT & SPORTS LAW REVIEW Vol. 10, No. 1 & 2 (1993).
  • “Legal Backbiting: The Life and Times of Evidence Rule 806.” THE CHAMPION Vol. 17, No. 8 (1993).

What I Do

Some boorish workplace behavior that used to be overlooked is now considered unacceptable. Sexual harassment cases may be awarded damages. These can include compensation for the emotional distress you suffered, lost wages if you were fired or forced to quit, punitive damages, attorney’s fees, and costs of litigation. If you have been sexually harassed, don’t allow it to continue. Take action under the law.

There are two categories of sexual harassment and both are prohibited by federal and state law. In one category, physical contact of a sexual nature is used as a factor in determining employment decisions. The other category includes conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment.

Under either category, you should report the offending behavior to a workplace supervisor–and he or she doesn’t have to be your direct supervisor. If you don’t do this, you may be providing your employer with a defense.

In order to take legal action for sexual harassment you must first file a complaint with either the Equal Employment Opportunity Commission (505-248-5201) or, in New Mexico, the Human Rights Bureau (505-827-6838). You must do this within 300 days after the last act of harassment.

I deal with my harassment clients in a sensitive, caring, and confidential way. One client told me, “My case was such an ordeal. You helped me so much in getting through it.” If you have questions and need legal advice from a sexual harassment lawyer, call me at 505-830-0405.

When an employee sues for discrimination, harassment, or whistleblowing, he or she may usually claim lost wages and benefits (past and future), compensation for emotional distress, and an amount designed to punish the employer if the employer acted reprehensibly. The employee may sometimes recover attorney's fees and costs, too.

If an employer fires an employee for violation of an employment contract, the employee may recover his or her lost wages and benefits.

It is important to know that the law requires employees to do their best to get a comparable job after being fired.

As an employment attorney, I make no representation regarding the recovery for any case. Past settlements and verdicts do not reflect the possibility of success or the amount of recovery in any particular case.

Employees are sometimes unfairly fired. These employees believe they have been wrongfully terminated. But just because they were fired unfairly does not mean they were wrongfully terminated under the law.

It is unlawful for an employer to fire an employee because of the employee's race, religion, national origin, ethnicity, gender, disability, age, or pregnancy. If an employer fires an employee because the employee's personality clashes with the employer's, though, the employee has no cause of action. In many ways, the law protects employers, even when they act unfairly.

"Wrongful termination" has a specific meaning under the law. It occurs when an employee is fired, at least partly, for something that violates public policy. For example: an employee notices that his employer is violating OSHA regulations. The employee reports the employer to OSHA and the employer fires the employee. Because public policy required the employee to report the violation, the employee was wrongfully terminated. If you have questions and need legal help from a wrongful termination attorney, call me at 505-830-0405.

I offer free consultations by e-mail or phone.

I accept some cases on a contingent fee basis. That means my fees are derived from a percentage of the settlement or verdict. Costs of litigation, such as filing fees and deposition charges, are the responsibility of the client. In contingent fee cases, I front my labor, while the client fronts the costs.

Often, I perform certain legal services for a flat fee. Negotiations that do not require the filing of a lawsuit usually fall into this category.

Occasionally, I handle cases in which I bill clients on an hourly basis.



Are you a broadcast journalist negotiating a new contract?


Watch this video.

Equal Pay

We’ve seen the headlines.


Women usually earn far less than men doing the same work. There are laws to protect against this, and one of the best is here in New Mexico: the Fair Pay for Women Act.

If you are paid less than a man for work that requires equal skill, effort, and responsibility and is performed under similar working conditions, call me. Under the Fair Pay for Women Act, you may be entitled to triple the difference between what you have been earning and what the man has been earning.

For years there was uncertainty as to whether state employees are covered by the Fair Pay for Women Act. But in the case of Wolinsky v. New Mexico Corrections Department, I persuaded the New Mexico Court of Appeals that the Fair Pay for Women Act applies to state agencies. The Court of Appeals issued its decision on August 30, 2018. I consider this to be some of my most important work. The time has come for women to be treated equally in the workplace. As an employment attorney, I can offer legal advice.

Cases

I am admitted to practice in the United States Supreme Court, Tenth Circuit Court of Appeals, United States District Court for the District of New Mexico, and New Mexico state courts.

These are examples of my cases:

Faber v. King, 2015-NMSC-015, 348 P.3d 173 in the New Mexico Supreme Court

In re Estate of Lee, 2001-NMCA-037, 130 N.M. 460, 26 P.3d 764 in the New Mexico Court of Appeals

United States ex rel. Boothe v. Sun Healthcare Group, Inc., 496 F.3d 1169 (10th Cir. 2007) in the Tenth Circuit Court of Appeals

Landry v. Swire Oilfield Services, L.L.C., 252 F. Supp. 3d 1079 (D.N.M. 2018) in the United States District Court for the District of New Mexico



Resources

FAQs

Frequently Asked Questions About Employment Law


The law of harassment only protects employees if the harassment relates to sex, race, religion, etc. General meanness is not actionable under the law of harassment. If the employer has been treating you in an extreme and outrageous manner, however, you may have a case for intentional infliction of emotional distress.
Only if the reason your boss gave for firing you was a lie, and the real reason for the firing was something like your race, religion, gender, etc. Otherwise, your boss was within his rights, under the law, to single you out.
Probably not, unless you have a written contract or an employee manual in which the employer promises fair treatment. Otherwise, the employer has no duty to treat you fairly.
Only if there is a written contract that requires it. Otherwise, any severance pay would be out of the goodness of the employer’s heart, or in exchange for confidentiality, noncompetition, or some other consideration.
Not unless the EEOC has issued you a right-to-sue letter. To get a right-to-sue letter, you must file a complaint for discrimination with the EEOC or analogous state agency within the limitation period (300 days after the discrimination for the EEOC).
If you put him out of business, what are you going to get out of it? The law can punish certain bad behavior, but think about how you are going to be compensated. You can’t get blood from a turnip.
Not if the coworker lacks ample assets. If you win, but the coworker declares bankruptcy, you’ve wasted your energy and resources.
If you have been searching for a “lawyer near me” or “attorney near me,” hoping to find the best lawyer, it is time to find an employment lawyer to provide legal help or legal advice. Contact me.

Contact

Get in Touch


Address

4620C Jefferson Lane NE
Albuquerque, NM 87109

Easily accessible from the Heights, West Side, Santa Fe, Valencia County, and East Mountains.

Phone

(505) 830-0405

Email

dan@danielfaber.com




From the WEST side of Albuquerque, take Montano east to Jefferson Street, turn left on Jefferson Street, go a quarter of a mile, turn right into Jefferson Office Plaza.


From the EAST side of Albuquerque, take Montgomery west, turn right on Jefferson at Evangel Christian Center, go a quarter of a mile, turn right into Jefferson Office Plaza.


From NORTH of Albuquerque, take I-25 south to Montgomery, turn east, turn left on Jefferson Street, go a quarter of a mile, turn right into Jefferson Office Plaza.


From SOUTH of Albuquerque, take I-25 north to Montgomery, turn east, turn left on Jefferson Street, go a quarter of a mile, turn right into Jefferson Office Plaza.