2018 New Mexico Statutes
Chapter 28 - Human Rights
Article 15 - Reemployment of Persons in Armed Forces
Section 28-15-3 - Enforcement in district court; procedure.]
In case any person acting either in a public or private capacity fails or refuses to comply with the provisions hereof the district court of the district in which such person maintains a place of business (if such person is a private employer), or in which such person is a public official, shall have power, upon the filing of a motion, petition or other appropriate pleading by the person entitled to the benefits of such provisions, to specifically require such employer or public officials to comply with such provisions, and, as an incident thereto, to compensate such person for any loss of wages or benefits suffered by reasons of such employer's or official's unlawful action. The court shall order a speedy hearing in any such case, and shall advance it on the calendar. Upon application to the district attorney for the pertinent district by any person claiming to be entitled to the benefits of such provisions, such district attorney, if reasonably satisfied that the person so applying is entitled to such benefits, shall appear and act as attorney for such person in the amicable adjustment of the claim or in the filing of any motion, petition or other appropriate pleading and the prosecution thereof to specifically require the compliance with such provisions: provided, that no fees or court costs shall be taxed against the person so applying for such benefits.
History: Laws 1941, ch. 10, § 3; 1941 Comp., § 57-703; 1953 Comp., § 74-5-3.
Bringing suit to restore position. — Only the returning veteran or the district attorney of the appropriate district can bring an action to have the veteran restored to his prior position if employment is refused. 1969 Op. Att'y Gen. No. 69-108.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Applicability of doctrine of laches to bar veterans' re-employment claims where there is delay by government officials and agencies in rendering veterans' re-employment aid pursuant to 38 USCS § 2025, 53 A.L.R. Fed. 451.
