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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. There are, however, limitations on the doctrine.
Amount and Duration of Unemployment Benefits in New Mexico Unemployment benefits in New Mexico are 53.5% of your average weekly wage during your highest paid quarter of the base period. Unemployment benefits are subject to a minimum weekly benefit of $86 and a maximum weekly benefit of $461 (in 2020).
Severance pay or Voluntary Buyout payments and legal settlements which result in payments to an employee are not considered wages and are not reportable to the Department.
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.
Take action. You are allowed to get both severance pay and unemployment. In Illinois, severance pay is money you receive for work during employment. Since your severance pay isn't income, it shouldn't affect your unemployment benefits.
An employer potentially subject to benefit charges will receive a notice from the New Mexico Department of Workforce Solutions (NMDWS) advising that a claim has been filed and requesting information regarding the claimant's work and separation from employment. Employers have 10 days to respond to that notice.
All COVID-19 related federal unemployment programs (FPUC, PUA, PEUC, PEUC-A, MEUC) expired on September 4, 2021. If you are currently receiving regular state unemployment you may continue to receive benefits under that program, depending on eligibility requirements.
10 employee rights you should knowYou must receive a payslip.You must not be discriminated against.Health and safety laws apply to your working environment.Statutory sick pay.Statutory maternity and paternity rights.You are allowed to request flexible working.You are entitled to time off for annual leave.More items...
The State shall protect labor, promote full employment, provide equal work opportunity regardless of gender, race, or creed; and regulate employee-employer relations.
The Act creates and defines three rights for employees: a right to know information about the dangers involved in their job, a right to file OSHA complaints to control workplace hazards, and a right to not be punished for exercising rights protected by OSHA.