Wrongful Termination in New Mexico
State-specific overview · Employment Law
New Mexico recognizes wrongful termination when firing violates public policy, statute, or employment contract.
How New Mexico treats Wrongful Termination
New Mexico follows the at-will employment doctrine but carves out exceptions for terminations that violate clear public policy, such as firing an employee for jury duty, filing a workers' compensation claim, or reporting illegal activity. Courts have established that an implied covenant of good faith and fair dealing applies to employment relationships. The state does not require an employment contract to exist; public policy violations alone can support a wrongful termination claim.
The general definition of Wrongful Termination
Illegal firing of an employee in violation of law, contract, or public policy.
Wrongful termination occurs when an employer fires an employee for an illegal reason or in violation of an employment contract or established public policy. Common illegal reasons include retaliation for reporting safety violations, discrimination based on race or gender, refusal to commit an illegal act, or exercising a legal right like jury duty. In most US states, employment is at-will, meaning employers can fire workers for almost any reason, but there are important exceptions. An employee who is wrongfully terminated can sue for damages, including lost wages and emotional distress.
Read the full Wrongful Termination entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in New Mexico.