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Can I fire employees for reasons other than poor performance in New Mexico? What are the requirements?

Can I fire employees for reasons other than poor performance in New Mexico? What are the requirements?

Yes, you can fire employees for reasons other than poor performance in New Mexico, but there are certain requirements that you must follow.

Private employers in New Mexico must comply with federal and state anti-discrimination laws. This means that employers cannot fire employees based on their race, color, religion, sex, national origin, age, disability, or genetic information [2.1]. Additionally, employers must also comply with any contractual obligations they have with their employees. This means that if an employment contract specifies certain reasons for termination, the employer must follow those requirements [2.1].

Public employers in New Mexico are prohibited from taking retaliatory action against public employees who communicate information about an unlawful or improper act, provide information to a public body as part of an investigation, or object to or refuse to participate in an activity, policy, or practice that constitutes an unlawful or improper act [1.1]. Legislators and public officers and employees must use the powers and resources of public office only to advance the public interest and not to obtain personal benefits or pursue private interests [3.1].

It is important to note that there are additional requirements for terminating licensed school personnel in New Mexico. Uncorrected unsatisfactory work performance is good cause for discharging or termination of licensed school personnel, but certain procedures must be followed [2.1]. These procedures include providing the employee with professional development and peer intervention, including mentoring, before requesting the suspension of a level three teaching license. The employee must also be given the opportunity to provide a written statement in response to their effectiveness evaluation, and the evaluator must convene a post-evaluation conference to make recommendations to the employee with respect to specific areas of unsatisfactory performance and provide feedback that establishes the initial framework for an individual professional growth plan [2.1].

Overall, private employers in New Mexico must comply with anti-discrimination laws and any contractual obligations they have with their employees, while public employers must also comply with additional restrictions related to retaliatory action against employees. Additionally, licensed school personnel must be terminated in accordance with certain procedures.

Source(s):
Jurisdiction

New Mexico