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. A Bernalillo employer also is prohibited from terminating at-will employees as a form of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.

Moreover, 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. Finally, an employer may not terminate an employee for refusing to do something illegal, for exercising a legal right, or performing a legal obligation.

Do I Need a New Mexico Attorney for My Wrongful Termination Case?

Attorneys in Bernalillo, New Mexico may be able to inform you as to whether a wrongful termination has occurred, and can assist you in gathering the required documents for your case. There may also be unique or unfamiliar procedures, and an attorney can guide you through these as well.