New Mexico Wrongful Termination Laws

Federal laws protect employees from discrimination and wrongful termination in the workplace on a number of bases. The most common statutes governing these issues are the Civil Rights Act of 1964 and the Federal Labor Standards Act of 1938. However, most states have passed additional legislation addressing these areas, limiting the “at law” employment status of most states, including New Mexico, which permit employers and employees to terminate employment for any reason except those specifically covered in those state and federal laws. They also include provisions for employees to find remedies, either through EEOC claims or private lawsuits, for employer violations.

New Mexico’s Specific Labor Laws

New Mexico has enacted the following state laws supplementing federal regulations concerning wrongful termination and discrimination in the workplace:

Benefit	State Law	Additional Benefits
Right to Work	No
State Minimum Wage	$7.50	Maximum tip credit $3.47; minimum wage for tipped employees $2.13
State Military Leave	Yes	Unpaid leave for U.S. armed forces, state national guard, or militia; guaranteed reinstatement in same or similar position; must apply for reinstatement within 90 days; termination without cause in less than 1 year prohibited; discrimination because of, or interference in, military service prohibited
Jury Duty	Yes	Unpaid leave; cannot be made to use vacation, sick, or annual leave to make up time lost
Voting	Yes	Paid time off, if required; if employee has 2 hours before or 3 hours after work while polls open, time off not required
Garnishment	Yes	Employer fee of $1 per child support garnishment payment; employer penalties prohibited; no number of garnishments specified
State Family & Medical Leave	No
Arrest & Conviction Records	Yes	In order for potential employee to obtain a permit, license, or authority to work in a regulated business or profession, felony and misdemeanor convictions may be considered for moral character, but may not be an automatic bar to employment
Discrimination	Yes	For 4 or more employees; age (40 or older, applies to employers with 20 or more employees); national origin; disability (physical or mental); gender; marital status (applies to employers with 50 or more employees); pregnancy/ childbirth; race; religion; sexual orientation (applies to employers with 15 or more employees); genetic testing; gender identity (for employers with 15 or more employees); serious medical condition
Whistleblower	Yes	For both private and public employees; discrimination or discharge because of complaint, testimony, exercising a right, or beginning an action based on OSHA standards prohibited
Plant Closings	No

*These laws change often, so consult local statutes for the most up-to-date information.

New Mexico Discrimination Laws

The basic protections for race, color, religion, sex, or national origin provided by federal laws and supplemented and/or expanded on in state laws can be legally pursued in New Mexico according to the following guidelines:

Private lawsuits for discrimination are not preempted by state agency claims.
Private lawsuits are allowed for New Mexico employees suffering discrimination abuses.
Employees who win New Mexico employment discrimination claims or lawsuits have the right to recover attorney’s fees.
The statute of limitations for filing a New Mexico discrimination claim is 180 days for claims; for private lawsuits it is 30 days.

Filing a Claim for Wrongful Termination

Not all claims or lawsuits for wrongful termination are justified. Therefore, public agencies and employee rights attorneys generally investigate those claims thoroughly for validity first, and then pursue some form or mediation or conciliation before taking action in civil court.

Legal Remedies for Wrongful Termination

Many remedies for wrongful termination and discrimination in the workplace are provided under state and federal laws. Those remedies vary, however, depending on the severity of the violation, the type of abuse, and state laws. Employees may seek one or more of the following:

Reinstatement of benefits and position
Lost wages
Punitive damages
Attorney’s fees and court costs
Compensation for stress and suffering
Injunctive relief in the workplace

New Mexico has additional penalties for employers guilty of employee discrimination or wrongful termination in the following areas:

Jury duty – petty misdemeanor, with fines of up to $500 and/or 6 months in jail

Garnishment – willful refusal to pay child support garnishment liable to fines for total amount not withheld; for wrongful termination or other penalties, liable for damages, reinstatement, and possible contempt of court

Wrongful termination and employee discrimination are outlawed in every state. New Mexico is no different, enacting supplemental statutes to increase penalties and restraints on employers for abuse. New Mexico has mechanisms whereby victims may file EEOC claims or employ employee rights attorneys to file private lawsuits in the courts for a number of remedies, including reinstatement, compensation, and damages. Because of the complex nature of these laws and the workplace conditions that accompany violations, an experienced lawyer can provide essential counsel to ensure employees take advantage of all the options available to them.

Local Resources

Regional EEOC Branches

Albuquerque Area Office
505 Marquette Street, NW, Suite 900
Albuquerque, NM 87102
505-248-5201 or 800-669-4000
TTY: 505-248-5240 or 800-669-6820
FAX: 505-248-5239

Human Rights Division
Santa Fe, NM
505-827-6838
800-566-9471
www.dol.state.nm.us/dol_hrd.html

Wrongful Termination Claim?