Employment Offer: New Mexico
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.
- In New Mexico, there is no statutory requirement that an employment offer be confirmed in writing. See Making an Employment Offer.
- As an aid to preserving at-will employment as well as setting out key terms, most employers use offer letters. See Making an Employment Offer
- An offer letter can also confirm any conditions that must be met before employment begins. See Making an Employment Offer.
- Any number of contingencies may be set out in an employment offer so long as these are consistent with the New Mexico Human Rights Act (HRA). The HRA incorporates concepts of the Americans With Disabilities Act, as amended.
- In New Mexico, an employer may withdraw an employment offer without stating a reason. See Withdrawal of an Employment Offer.
- If an offer is withdrawn prior to employment beginning, the employer should make certain that the prospective employee has not already taken actions on reliance on the offer, such as relocating. See Withdrawal of an Employment Offer.
- New Mexico does recognize a claim of detrimental reliance based on an oral promise of employment. See Withdrawal of an Employment Offer.