When is a Job Termination Considered Wrongful in New Mexico?
Employment in the state of New Mexico is mostly considered to be "at-will" employment. "At will" means that for any reason, both the employer or the worker may end the work relationship at any time. The only exception to "at-will" employment is that the employment may not be terminated in a manner that violates the law.
Employment not falling in the "at will" category is subject to different limitations and requirements, so you should be sure to learn the classification of your work setup. In general, employment that is subject to a set period employment contract is not considered to be "at will", and termination can only happen in accordance with procedures outlined in the contract.
What are the Illegal Grounds for Terminating At Will Employment in New Mexico?
The most common illegal ground for terminating a New Mexico employee is discrimination. An employer cannot terminate an employee simply for being of a certain race, nationality, religion or gender. Farmington employers are further prohibited from firing at-will employees in order to retaliate against them for filing a legal discrimination claim or initiating an investigation of discrimination.
Further, the Family and Medical Leave act makes it illegal for employers to terminate any of their employees who have taken leave based upon family or medical needs. Lastly, employers cannot fire employees who are simply exercising a legal right, performing an obligation under law, or refusing to do an illegal act.
Do I Need a New Mexico Attorney for My Wrongful Termination Case?
A local Farmington, New Mexico attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.
