New Mexico Employment At Will Policy

• Category: Employment - Policies and Procedures
• State: Multi-State
• Control #: US-02982BG
• Format: Word; Rich Text

Description

In most instances, the employment contract will not state its expiration date. In such a case, the contract may be terminated at any time by either party. Ordinarily a contract of employment may be terminated in the same manner as any other contract. If it is to run for a definite period of time, the employer cannot terminate the contract at an earlier date without justification. If the employment contract does not have a definite duration, it is terminable at will. This is called employment at will. Under the employment at will doctrine, the employer has historically been allowed to terminate the contract at any time for any reason or for no reason.

New Mexico Employment At Will Policy is a legal doctrine followed in the state of New Mexico, which governs the relationship between employers and employees. Under this policy, either party can terminate the employment relationship at any time, with or without cause or advance notice, as long as the termination is not based on illegal reasons such as discrimination, retaliation, or violation of public policy. The New Mexico Employment At Will Policy protects the rights of employers to make decisions regarding employment, including hiring, promotions, demotions, and terminations, without having to justify or provide a specific reason for their actions. Similarly, employees also have the freedom to leave their jobs without having to provide an explanation. This policy grants both parties significant flexibility in managing the employment relationship. However, it is important to note that the New Mexico Employment At Will Policy is subject to certain exemptions and limitations. These include situations where there are explicit written employment contracts that override the at-will doctrine, collective bargaining agreements, and laws protecting certain employment rights. In addition to the general New Mexico Employment At Will Policy, there are a few variations and types of terms that employers and employees should be aware of: 1. Implied Employment Contracts: In some cases, the courts may imply an employment contract based on the actions and conduct of the employer and employee, overriding the at-will policy. This occurs when employers make promises of job security either implicitly or explicitly, such as a statement in an employee handbook or during the hiring process. 2. Public Policy Exceptions: The New Mexico Employment At Will Policy does not protect terminations that are against public policy, such as firing an employee for reporting workplace safety violations or for refusing to engage in illegal activities. Employees who believe they have been terminated in violation of public policy can pursue legal recourse. 3. Implied Covenant of Good Faith and Fair Dealing: New Mexico recognizes an implied covenant of good faith and fair dealing in employment relationships. This means that employers cannot terminate an employee for reasons that violate the implied duty of good faith and fair dealing, even if there is no written employment contract. It is crucial for employers and employees in New Mexico to understand the principles and exceptions to the Employment At Will Policy to ensure compliance with state laws and protect their rights. Seeking legal advice or consulting employment contracts can help clarify individual rights and responsibilities.