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A wrongful termination can take several forms. These include: Terminating an employee for reasons that are discriminatory. Federal and New Mexico law prohibit employment discrimination based on age (if at least 40 years old), gender, race, skin color, religion, national origin, disability and pregnancy.
New Mexico isn't a right to work state, but Governor Susana Martinez wants to change that. Unbiased research shows there are pluses and minuses on both sides when these right to work laws are passed, so it's unclear whether right to work legislation directly hurts or helps a state's economy.
New Mexico is an employment-at-will state. This means that an employer may generally terminate an employee at any time, for any reason, or for no reason, unless an agreement exists that provides otherwise.
In the state of New Mexico, employers with four or more full-time employees may not terminate employee relationships based on the employee's color, race, country of origin, pregnancy status, religion or disability, among related areas.
Under New Mexico law, employees are entitled to certain leaves or time off, including military leave, voting leave, domestic violence leave, emergency responder leave and jury duty leave. See Time Off and Leaves of Absence. New Mexico prohibits smoking in the workplace and texting while driving. See Health and Safety.
This document is not a contract, but rather is known as an at-will employment agreement. Employers might ask employees to sign an offer letter, handbook acknowledgment, or other document agreeing to at-will employment, for example.
Employers can terminate at-will employees at any time for almost any reason, even without an explanation or warning. Contract employees usually have clearly defined language in their contracts pertaining to discipline and termination. At-will limitations protect employees from wrongful termination situations.
At-will contracts between an employee and an employer mean that the employee may be terminated at any time, for any reason, and the employer does not need to give any notice when this happens. No specific document is needed for this contract, so many workers are surprised to find out about their at-will status.
Have you recently lost your job? If so, you might be wondering whether you have grounds for a wrongful termination lawsuit. In New Mexico, as in other states, employees work at will. This means an employee can generally be fired at any time and for any reason, or for no reason at all.