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Marshall Jason Ray

Marshall Jason Ray

  • Employment Law, Civil Rights, Business Law...
  • Arizona, New Mexico
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Summary

Marshall Ray is an award-winning attorney who has experience in a variety of criminal and civil litigation matters. He represents the accused in state and federal court. His civil experience includes labor and employment, construction, business litigation, civil rights, and appeals. Marshall has extensive experience in government relations, and he advises and consults with private and governmental organizations regarding their employee policies and practices. Additionally, he has conducted large-scale internal investigations. In 2014 he was named New Mexico’s Outstanding Young Lawyer of the Year by the State Bar of New Mexico. In 2015, he enjoyed national recognition from the National Association of State Workforce Agencies (NASWA), receiving the Legal Merit Award for distinguished service in the development and study of the Unemployment Insurance law of the United States. After graduating near the top of his class from the University of New Mexico School of Law, Marshall spent a year clerking for Federal District Court Judge James O. Browning. Following this prestigious appointment, Marshall joined a large regional law firm where he successfully handled a wide array of civil litigation and appellate matters in areas such as employment, civil rights, construction, civil RICO, Medicaid fraud, defamation, personal injury, insurance defense, lender liability, unfair trade practices, unfair insurance practices, foreclosure, and trademark infringement. In 2011, the Governor of New Mexico appointed Marshall as General Counsel to the New Mexico Department of Workforce Solutions (formerly called the New Mexico Department of Labor). Workforce Solutions is a highly visible government agency overseeing, among other things, human rights (anti-discrimination), wage and hour, and Unemployment Compensation laws. The matters Marshall handled included tort, employment, civil rights, and other miscellaneous litigation, appeals

Practice Areas
  • Employment Law
  • Civil Rights
  • Business Law
  • Appeals & Appellate
  • Gov & Administrative Law
  • Criminal Law
  • Domestic Violence
Fees
  • Free Consultation
  • Contingent Fees
Jurisdictions Admitted to Practice
Arizona
New Mexico
10th Circuit
Languages
  • Spanish: Spoken, Written
Education
University of New Mexico
J.D. (2008)
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Honors: Summa cum laude, Order of the Coif, Law Review, Faculty Award for Outstanding Contributions, Frederick Hart. Prize for Excellence in Commercial Law
Activities: Professional Articles Editor, New Mexico Law Review
Brigham Young University
B.A. (2005) | Linguistics
Awards
Legal Award of Merit
National Association of State Workforce Agencies
The Legal Award of Merit recognizes distinguished service in the development and study of the Unemployment Insurance law of the United States of America. One attorney per year is selected nationally for this award.
Outstanding Young Attorney of the Year
State Bar of New Mexico
The Outstanding Young Lawyer of the Year Award is given attorneys who have, during the formative stages of their legal careers, by their ethical and personal conduct, exemplified for their fellow attorneys the epitome of professionalism.
Professional Associations
State Bar of New Mexico # 140819
Member
Current
State Bar of New Mexico Labor and Employment Section Board of Directors
Chair (2017)
Current
State Bar of Arizona # 026350
Member
Current
Activities: Inactive status
Publications
Articles & Publications
Independent Contractor or Employee? The Difference Is Not Merely a Matter of Labels
New Mexico Lawyer, Volume 10, No. 1
My Registered Trademark Just Appeared on the Internet and I Didn’t Put It There!! Now How Do I Get Personal Jurisdiction? (co-author)
New Mexico Bar Bulletin, Vol. 50, No.6
What Does the Natural Rights Clause Mean to New Mexico?
New Mexico Law Review, Vol. 39, No.2
Speaking Engagements
Navigating the Affordable Care Act and PPACA Litigation Risks, New Mexico Employer Summit
New Mexico Department of Workforce Solutions and State Bar of New Mexico
Controlling Unemployment Insurance Costs, Webinar/Broadcast, Albuquerque, NM
New Mexico Restaurant Association
New Mexico’s Prevailing Wage Dispute, American Inns of Court Monthly Meeting, Albuquerque, NM
H. Vearle Payne American Inn of Court
Serving New Mexico's Limited English Proficient Customers, Equal Opportunity in the Workforce System Training Meeting, Washington, D.C.
National Association of State Workforce Agencies
Federal Limited English Proficiency Requirements, National UI Directors' Conference and IT/Legal Issues Forum, Salt Lake City, Utah
National Association of State Workforce Agencies
Understanding Workplace Harassment and its Impact (co-presenter), Equal Opportunity in the Workforce System Training Meeting, Washington, D.C.
National Association of State Workforce Agencies
Unemployment Insurance, Summer Conference, Albuquerque, NM
New Mexico Association of Home & Hospice Care
How Labor and Employment Laws Apply to Your Business, New Mexico Employer Summit, Clovis, NM
New Mexico Department of Workforce Solutions
Legal Answers
52 Questions Answered

Q. What is a reasonable plea deal for a first time offender of 30-3-15 battery against a household member
A: Whether a plea agreement is advantageous depends on numerous factors specific to your case. A lack of criminal history is only one thing to consider, and it may not be the most important, depending on the strength of the government's case (i.e., the evidence it has to support the charge). You should discuss these issues with your lawyer.
Q. Constitutionally under the 14th ammendment can the courts take my kids away from me
A: The general short answer is yes, Courts may, under certain circumstances, order the removal of children and the termination of parental rights. To determine whether your rights were violated or whether you have any options to challenge the court action in your specific situation, you would need to sit down to discuss your case in detail and in private with a local attorney.
Q. I was falsely incarcerated for 20 days and was told by the judge to file a claim what that going to be worth
A: This is the type of issue about which you should consult with a private attorney. Many attorneys offer free consultations and will help you evaluate any potential case you may have.
Q. Can I sue for wrongful termination of employment if I signed a resignation letter?
A: For this very specific situation you should consult with a private attorney in your area. There are many who will offer a free consultation. Generally speaking, signing a resignation letter does not foreclose a lawsuit. Depending on whether you were the moving party, or the wording of the letter (i.e., whether it was a release), it might be very hard to overcome. Again, you should sit with an attorney in private to go over all of the details of your proposed case.
Q. I have a complaint about the sheriff's department
A: There are attorneys who specialize in bringing lawsuits against law enforcement officers and agencies for violations of civil rights. They may advertise as personal injury or civil rights lawyers.
Q. Myself and others were recently illegally detained in a mental health hospital. Can this be a pro bono case?
A: Any case can be a pro bono case if you find an attorney willing to do the case for free. If you believe you have a viable lawsuit for money damages, you do not necessarily need a pro bono lawyer. Many lawyers will give free consultations, and if they assess that you have a good case they will represent you for a contingency fee (meaning they receive a percentage of any judgment or settlement, but get nothing if you get nothing).
Q. My grandson is a special needs child. His Civil Rights are being violated by the school he attends.
A: You do not necessarily need a pro bono lawyer. What you should do is reach out to an attorney in your area for a private consultation. Many attorneys give free consultations. Moreover, many attorneys take cases on a contingency fee basis, meaning that they are only paid a portion of any award or settlement that is obtained, and do not charge up front. A local attorney will be able to evaluate your specific situation and advise you whether you have an actionable case.
Q. Can a previous employer tell someone why you were fired?
A: Employers can and often do given negative references regarding past employees. Whether they should and whether they can be held liable for doing so are different questions. Many individuals who are harmed by a negative employer reference bring lawsuits against the former employer, alleging claims such as defamation, libel, and tortious interference with contract, among other things. Sometimes these are successful, depending on the facts. Often, but not always, truth is a defense. Sometimes a non-disclosure or non-disparagement agreement may exist, especially if the employer and the individual have negotiated a settlement. A breach of such an agreement can also be actionable. This is general advice, not intended to provide a definitive answer to your specific situation. For that you should consult a private attorney in your area.
Q. Hello, my federal tax refund was just taken to pay us dptmnt of education for a loan from dec 5,08. Is that legal in NM?
A: The following constitutes general information and not legal advice specific to your situation. The collection options available with respect to federal student loans and private student loans are different. With federal student loans, there are few ways to make outstanding debt go away. Paying it off is the main one. There is no statute of limitations on federal student loan debt. In other words, it is not a viable plan to attempt to wait out and allow student loan debt to expire, or for a statute of limitations to run. Again, the collection options on delinquent federal student loans are extraordinary.
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Contact & Map
201 Twelfth St NW
Albuquerque, NM 87102
USA
Telephone: (505) 312-7598