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Employment At-Will: New Mexico

Employment At-Will 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, P.A.

Summary

  • In New Mexico, the general rule is that an employment relationship calling only for the performance of work and payment of wages is considered employment at-will. See The At-Will Relationship.
  • New Mexico recognizes limited exceptions to the at-will presumption, including written and verbal contracts and public policy exceptions. See Employment At-Will Exceptions.
  • At-will employees in New Mexico challenging a discharge may file claims against their employers under tort theories, including intentional infliction of emotional distress and defamation, so long as the employee is able to satisfy an evidentiary burden. See Tort Considerations.