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. If an employment contract specifying a time for employment is involved for your work arrangements, 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 illegal grounds for terminating an employee in New Mexico. Employers are not allowed to terminate an employee because of their race, religion, nationality, or gender. A Artesia employer also is prohibited from terminating at-will employees as a method of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.

Furthermore, the Family and Medical leave act prohibits employers from firing employees for having taken leave for family or medical reasons. 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?

In Artesia, New Mexico, a lawyer will be able to notify you about whether you are a victim of wrongful termination, and they will be able to guide you in gathering the necessary documents. Sometimes there can be procedures that are unique, and a lawyer can guide you in these as well.