Trent A. Howell
New Mexico Employment & Whistleblower Lawyer Trent HowellAV civil trial lawyer of 27 years. Employment & Whistleblower Litigation. Veteran New Mexico sexual harassment litigator. Serves “Time’s Up” as a member of the National Women’s Law Center Legal Network for Gender Equity, which manages the “Time’s Up” Legal Defense Fund. Former partner, with 10 years practice, in two national "Am Law 200" firms. Represents defendants and select plaintiffs. Rated AV Preeminent by Martindale Hubbell in Labor and Employment, Litigation. Certified by the New Mexico Board of Legal Specialization (2005-2010, 2017-2021) and listed as a top Employment lawyer in New Mexico's Top Rated Lawyers, Southwest Super Lawyers, Chambers USA, and Avvo. Named the New Mexico State Bar's "Outstanding Young Lawyer of the Year" in 2001. www.trentahowell.com . Mr. Howell's labor & employment practice includes Title VII, Race discrimination, Ethnic discrimination, Gender/Sex discrimination, Gender-identity discrimination, Pregnancy Discrimination, Sexual harassment (quid pro quo and hostile work environment), Sexual-orientation discrimination and harassment, Religious discrimination and failure to accommodate, Age Discrimination in Employment Act ("ADEA"), Americans with Disabilities Act ("ADA"), Disability discrimination and failure to accommodate, FMLA discrimination and retaliation, Workers' Compensation retaliation, Retaliation, Equal Employment Opportunity Commission ("EEOC") proceedings, New Mexico Human Rights Act ("NMHRA") and Human Rights Bureau ("NMHRB") proceedings, Employee Retirement Income Security Act ("ERISA"), Employee benefits, Wrongful discharge, Whistleblower, New Mexico Whistleblower Protection Act ("NMWPA"), and qui tam, Express and implied contract, Bad faith breach of the implied covenant of good faith and fair dealing, Fraudulent and negligent misrepresentation, Non-Compete, Non-Disclosure, and Confidentiality Agreements.
- University of Texas School of Law
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- University of Texas
- English major, With Special Honors
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- Owner
- Attorney Trent A. Howell
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- Partner
- Jackson Lewis
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- Partner
- Holland & Hart LLP
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- Associate
- Gilkey & Stephenson
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- Associate
- O'Brien & Associates
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- Developing Labor Law (Cum. Supp. 2008)
- BNA Books
- ERISA Survey of Federal Circuits (2007)
- American Bar Association
- Charge-Barring Agreements Retaliatory?
- Defense Research Institute, The Voice
- ERISA Survey of Federal Circuits (2005)
- American Bar Association
- Developing Labor Law (Cum. Supp. 2004)
- BNA Books
- Employment & Labor Law Specialist (2005 - 2010)
- New Mexico Board of Legal Specialization
- Employment & Labor Law Specialist (2017 - 2021)
- New Mexico Board of Legal Specialization
- Southwest Super Lawyer
- Super Lawyers
- 10.0 out of 10.0 Rating
- Avvo
- AV-Preeminent Rating
- Martindale-Hubbell
- America's Most Honored Professionals - Top 1%
- American Registry
- America's Most Honored Professionals - Top 1%
- American Registry
- Current
- Activities: Member, American Bar Association (Labor & Employment Law and Torts & Insurance Practice Sections) Member, Defense Research Institute Member, State Bar of New Mexico (Labor & Employment Law Section; Past-Chair, Young Lawyers Division; Past-Member, Board of Bar Commissioners) Member, New Mexico Defense Lawyers Association Member, State Bar of Texas (Labor & Employment Law Section)
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- Defense Research Institute
- Current
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- International Association of Defense Counsel
- Current
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- New Mexico Defense Lawyers Association
- Current
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- American Bar Association
- Current
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- National Women’s Law Center Legal Network for Gender Equity
- Member
- - Current
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- New Mexico Defense Lawyers Association
- Member, Board of Directors
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- State Bar of New Mexico
- Member, Board of Bar Commissioners
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- New Mexico Young Lawyers Division
- Chair, Board of Directors
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- New Mexico
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- Texas
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- 10th Circuit
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- Free Consultation
- Credit Cards Accepted
- Contingent Fees
- Employment Law
- Employment Discrimination, Overtime & Unpaid Wages, Sexual Harassment, Whistleblower, Wrongful Termination
- Discrimination Law
- Workplace harassment
- Whistleblower & Qui Tam
- French
- Q. I was sent a proposed removal from the VA. I need to know what my rights are if any? I have had no prior write ups.
- A: In general, an employer must provide certain notices and responses to employees regarding FMLA leave. See, e.g., https://www.dol.gov/whd/regs/compliance/whdfs28d.pdf . In addition, it is unlawful and gives rise to a particular cause of action if the employer terminates an employee in retaliation for exercising or attempting to exercise FMLA rights. See, e.g., 29 U.S. Code § 2615 and § 2617.
This is not legal advice to you, but a general idea of the law. Whether and how it applies to you would depend on the details of your employment.
- Q. If you are placed on a permanent night shift does your employer have to pay you shift differential?
- A: In general, unless the employer has entered an agreement to continue a rate of pay or benefits for a certain period as to a certain job description and duties, an employer can change the rate of pay, benefits, and job description and duties going forward. However, you mention this "is a government contract," and sometimes such contracts and/or related documents require certain pay for certain positions. This is not legal advice to you, but a general idea of the law. Whether and how it applies to you would depend on the details of your employment.
- Q. Can my employer make me pay for something as pretty as a broken liquor bottle?
- A: In general, New Mexico "tort"/"negligence" law makes a person liable to anyone whom he causes accidental damage - whether at work, or anywhere else. Whether it is worth anyone's time to file or fight a lawsuit over a broken liquor bottle is a different question.
This is not legal advice to you, but a general idea of the law. Whether and how it applies to you would depend on the details of your employment.