The formation of the relationship of employer and employee by written agreement is generally determined by the usual principles governing the formation of all contracts. The basic elements of any enforceable contract are as follows:
" an agreement;
" between competent parties;
" based upon the genuine assent of the parties;
" supported by consideration;
" made for a lawful objective; and
" in the form required by law.
New Mexico Checklist — Employment Agreements: A Comprehensive Guide Introduction: An employment agreement is a legal document outlining the terms and conditions of employment between an employer and an employee. In the state of New Mexico, employers are required to provide certain clauses and provisions to ensure a fair and lawful working relationship. This New Mexico Checklist — Employment Agreements aims to provide an in-depth outline of the essential elements that must be included in such agreements within the state. 1. Employee Information: — Name, address, and contact details of the employer and employee. — Designation or job title of the employee. — Commencement date and duration of employment, including any probationary period. 2. Compensation and Benefits: — Mention the agreed salary or wage rate, including any bonuses or incentives. — Detail any additional benefits provided such as health insurance, retirement plans, or vacation policies. — Clearly outline pay frequency and method (e.g., direct deposit or check). 3. Working Hours and Leave Policies: — Specify the standard working hours per week and any overtime compensation. — Include provisions for breaks, meals, and rest days. — Describe the procedures and requirements for requesting sick leave, vacation leave, and other types of leave allowed by New Mexico employment laws. 4. Job Duties and Performance Expectations: — List the primary responsibilities and tasks expected from the employee. — Specify any limitations or restrictions related to the role. — Define performance metrics and benchmarks the employee will be evaluated against. 5. Confidentiality and Intellectual Property: — Incorporate a confidentiality clause to safeguard sensitive company information. — Outline any intellectual property ownership agreements, including inventions, patents, or copyrights. 6. Termination and Resignation: — Describe the conditions under which either party can terminate the employment agreement. — Include notice periods required from both the employer and employee. — Address severance pay or benefits in case of termination without cause. 7. Non-Compete and Non-Disclosure Agreements: — If applicable, include non-compete and non-disclosure clauses to protect the employer's business interests. — Clearly define the scope, duration, and geographical limitations of such agreements. Types of New Mexico Employment Agreements: 1. Full-Time Employment Agreement: An agreement made between an employer and an employee for full-time, ongoing employment. 2. Part-Time Employment Agreement: An agreement made between an employer and an employee for part-time employment with fewer working hours. 3. Fixed-Term Employment Agreement: An agreement made for a specific duration or until the completion of a particular project. 4. Probationary Employment Agreement: An agreement with a trial period during which the employer evaluates the employee's suitability for a permanent position. 5. Confidentiality and Non-Disclosure Agreements: Specific agreements that protect sensitive information or trade secrets shared with employees. Conclusion: Employment agreements in New Mexico serve as vital documents to establish clear expectations and protect the rights of both employers and employees. Adhering to the New Mexico Checklist — Employment Agreements ensures compliance with state laws and ensures a mutually beneficial professional relationship while safeguarding confidential information and intellectual property.
