Practice Areas

and Client Representation Information

Anita M. Kelley has been a licensed attorney for nearly two decades.
She is an experienced litigator and trial attorney skilled at presenting oral arguments in the courtroom as well as writing persuasive legal briefs and pleadings, navigating cases and discovery issues, negotiating settlements and representing clients in administrative proceedings such as the EEOC/HRB and arbitrations.

She focuses her practice on employment law, representing plaintiffs / employees and small businesses, and she represents clients in personal injury, family law, criminal defense, and other litigation cases as well as general legal issues and advice. She also serves as a mediator.

Employment Law

  • Wrongful Termination
    Retaliatory Discharge
  • Gender Discrimination
    Disability Discrimination
    Age Discrimination
    Pregnancy & Maternity Discrimination
    Hostile Work Environment
  • Sexual Harassment
    Equal Employment Opportunity Commission (EEOC) Lawyer
    Human Rights Bureau (HRB)
  • Wage and Hour Violations
    Misclassification of Employee or Contractor
    Retaliation
    Whistleblower Protection Act
    Unemployment Insurance Hearings
  • Disciplinary/Licensing Boards
    Severance and Contract Review
    Labor Board Disputes
  • Department of Workforce Solutions
    National Labor Relations Board (NLRB)
    Family Medical Leave Act
    Federal Sector Employee EEO Cases
  • Employee Handbooks and Policies
  • Small Business Advice and Consulting
  • Workplace Dispute Mediation
  • Litigation, Settlements and Trials

fAMILY LAW

  • Divorce with Children
  • Divorce without Children
  • Paternity Issues
  • Custody Issues
  • Temporary Support
    Alimony / Spousal Support
    Pre-Nuptial / Pre-Nups
    Post Nuptial Agreements
  • CYFD Cases
    Parents’ Rights
  • Foster Care and Adoption Cases
  • Neglect/Abuse Allegations
    Domestic Violence Issues
  • Civil Restraining Orders
  • Timesharing
    Parenting Plans
  • Allocation of Assets
  • Representation at Hearings
  • Pro Se Behind the Scenes Help
    Limited Scope & Flat Rate
    Payment Plans
  • Family Law Mediations

OTHER CASES

  • Personal Injury
    Car Accidents
    Trucking Accidents
  • Slip and Fall
  • Dog Bites
  • Negligence
  • Torts
  • Property Damage
    Education Law
    Civil Rights
    Criminal Defense
    Foreclosure Defense
    Property Disputes
    Landlord/Tenant/Evictions
    Consumer Rights
    Debt Protection
    Small Claims v. Big Business
    Wills and Trusts
    Small Business
    General Litigation
    Civil Litigation
    Contracts
    Advice and Consulting

Anita M. Kelley has been licensed in New Mexico
since 2006 and practices in state and Federal court.
She also represents clients in EEOC and HRB cases.

Anita may also assist with the representation of
nationwide clients in Federal EEO cases,
administrative cases,arbitrations and/or by
associating with local co-counsel in other states.

Anita Kelley Headshot

Frequently Asked Questions

What are the five major kinds of employment laws that protect workers?

The five major categories of employment laws that protect workers in the United States are: (1) Wage and Hour Laws, including the Fair Labor Standards Act (FLSA) which establishes minimum wage, overtime pay, and recordkeeping requirements; (2) Anti-Discrimination Laws, including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA), which prohibit discrimination based on protected characteristics; (3) Workplace Safety Laws, primarily enforced by OSHA (Occupational Safety and Health Administration); (4) Family and Medical Leave Laws, including the FMLA which provides eligible employees with unpaid, job-protected leave; and (5) Labor Relations Laws that govern collective bargaining and union activities. These laws create overlapping protections for workers at both federal and state levels.

What should I do if I'm being bullied or harassed at work?

If you’re experiencing bullying or harassment at work, first document every incident with dates, times, witnesses, and specific details of what occurred. Report the behavior through your company’s official complaint procedure (usually outlined in your employee handbook) and keep copies of all communications. If the behavior creates a hostile work environment based on protected characteristics like race, gender, age, disability, or religion, it may constitute illegal harassment. Consult with an employment attorney to understand your rights, as time limits (statutes of limitations) apply to filing claims with the EEOC or state agencies. An attorney can help you navigate whether your situation meets the legal definition of harassment versus general workplace conflict.

What is the statute of limitations for filing an employment discrimination claim?

The statute of limitations for employment discrimination claims varies depending on the type of claim and jurisdiction. For federal claims with the Equal Employment Opportunity Commission (EEOC), you typically have 180 days from the date of the discriminatory act to file a charge, though this extends to 300 days in states with their own anti-discrimination agencies. State law deadlines vary significantlyu2014for example, California allows three years for most employment discrimination lawsuits, while other states have deadlines as short as 180 days. For wage and hour claims, the FLSA generally allows two years for non-willful violations and three years for willful violations. Because these deadlines are strict and complex, consulting with an employment attorney promptly is crucial to preserve your rights.

What constitutes wrongful termination versus at-will employment?

Wrongful termination occurs when an employer fires an employee for illegal reasons, while at-will employment means either party can terminate the relationship at any time for any legal reason. Wrongful termination includes firing someone based on discrimination (race, gender, age, disability, etc.), retaliation for protected activities (reporting harassment, filing a workers’ comp claim, whistleblowing), breach of contract (if an employment contract exists), or violation of public policy (firing someone for refusing to break the law). Even in at-will employment states, these exceptions apply. Proving wrongful termination requires demonstrating that the illegal reason was the motivating factor behind the termination, not just one of many factors. Documentation and timing are often critical evidence in these cases.

The Law Office of Anita M. Kelley is an employment law practice focused on protecting workplace rights. The firm handles cases involving employment discrimination, workplace harassment, wrongful termination, wage and hour disputes, and retaliation claims. Attorney Anita M. Kelley represents employees in matters governed by federal statutes including Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA), and the Fair Labor Standards Act (FLSA), as well as applicable state employment laws. The firm provides legal consultations to evaluate potential claims and determine appropriate courses of action, which may include negotiation, administrative agency filings, or litigation.