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Terms of Employment: New Mexico

Terms of Employment requirements for other states

Federal law and guidance on this subject should be reviewed together with this section.

Authors: Kim A. Griffith, Quentin Smith and Barbara G. Stephenson, Sheehan & Sheehan, PA

Summary

  • New Mexico has multiple laws that impact the terms of employment, including the New Mexico Human Rights Act, which applies to employers with as few as four employees, and extends protection to more classes of individuals than federal antidiscrimination laws. See New Mexico Employment Discrimination Laws.
  • Under New Mexico law, in the absence of a contract stating otherwise, employment is presumed to be at-will, although there are a number of recognized exceptions to the at-will doctrine. See At-Will Employment.
  • Restrictive covenants in employment contracts are enforceable in New Mexico, so long as the restrictions are reasonable in duration and geographic scope. See Restrictive Covenants.
  • New Mexico has adopted the Uniform Trade Secrets Act, which provides injunctive and other relief for misappropriation of trade secrets. See Trade Secrets.