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Can I terminate employees without violating employment laws in New Mexico? What are the requirements?
Requirements for Terminating Employees in New Mexico
To terminate employees in New Mexico without violating employment laws, you must comply with the provisions of the employment contract and the requirements of the Discharges [Discharged] employees statute [1.1][2.2].
According to the Discharges [Discharged] employees statute, if the unpaid wages or compensation of the discharged employee are a fixed and definite amount, and not based on a task, piece, commission basis, or other method of calculation, the employer must pay such wages to the employee within five days of the discharge. In all other cases of discharged employees, the settlement and payment of wages or compensation shall be made within ten days of such discharge [2.2].
Additionally, you must ensure that the termination complies with the provisions of the Payment of nepotic employees statute [1.2], Employees quitting employment statute [2.1], Contracts involving public officers or employees statute [3.1], and Public employer retaliatory action prohibited statute [4.1], if applicable to your specific situation.
Note that this response is based on the assumption that there are no other relevant laws or regulations that apply to your specific situation. If you have further questions or concerns, you should consult with a legal professional.
Source(s):
- [1.1] [Provisions of employment contracts.]
- [1.2] [Payment of nepotic employees; liability of employer and bondsmen; employment void.]
- [2.1] Employees quitting employment.
- [2.2] Discharges [Discharged] employees.
- [3.1] Contracts involving public officers or employees.
- [4.1] Public employer retaliatory action prohibited.
Jurisdiction
New Mexico