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 point. The only exception to "at-will" employment is that the employment can not be terminated in a manner that breaks the law.
Employment not falling in the "at will" category is subject to different limitations and requirements, so you should be sure to know the classification of your work setup. If an employment contract specifying a time for employment is involved for your work agreement, then employment is not "at will", and termination can only be done following the terms of the contract.
What are the Illegal Grounds for Terminating At Will Employment in New Mexico?
Discrimination is the most common unlawful grounds for terminating an employee in New Mexico. Employers are not allowed to terminate an employee because of their race, religion, nationality, or gender. An employer in Albuquerque also cannot fire at-will employees in retaliation for the employee filing a claim for discrimination or initiating an investigation of discrimination against the employer.
Additionally, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. Finally, employers cannot terminate 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?
Albuquerque, New Mexico lawyers are knowledgeable and can inform you properly as to whether a wrongful termination has occurred. They will also be able to help you gather the proper information and documents, and will guide you through any unique or special procedures.