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. Essentially, the only limitation or exception in an "at will" employment is that the termination must not conflict with the law.

Employment that is not considered "at will" is not subject to the same restrictions, however, and so it is essential to discover whether your employment is so classified. Arrangements for employment that are under a defined term contract are not "at will", and can only be terminated according to the clauses contained in the agreement.

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 Truth Or Consequences 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, employees are protected from being terminated by their employer for performing a legal obligation, exercising their legal rights, or for refusing to participate in an illegal act.

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

Local Truth Or Consequences, New Mexico lawyers can thoroughly inform you regarding whether a wrongful termination has in fact occurred. They can also help you gather the necessary documents for your case, and can guide you through any procedures that may be unique or unfamiliar.