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. In general, employment that is subject to a set period employment contract is not considered to be "at will", and termination may only happen in accordance with procedures outlined in the contract.
What are the Illegal Grounds for Terminating At Will Employment in New Mexico?
In the state of New Mexico, employee discrimination is the most common illegal ground for termination in an at-will employment. Employers are barred from terminating their employees on the basis of race, gender, religion, or nationality. An employer also may not fire an at-will employee in retaliation for the employee starting an investigation into discrimination or filing a legal claim of discrimination against the Roswell employer.
Furthermore, employers are prohibited by the Family and Medical Leave act from firing those employees who take leave in order to address family or medical concerns. 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?
In Roswell, 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.