Human Resource Blog

New Mexico Employment at Will

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What is “employment at will” in New Mexico?

Though not all states in the U.S. subscribe to employment at will doctrine, New Mexico is one that does. Essentially, employment at will is a common law policy that means employers can fire workers with or without reason, any time they choose. It also means that workers can quit a job whenever they want to, without having to provide a notice or give a reason.

There are federal regulations that prohibit employers from using employment at will to discriminate against people because of their sex, religion, race, national origin, or color. There are also situations in which it is against the law for employers to fire disabled individuals because of their handicap.

When employment at will doctrines are utilized, the language is typically spelled out clearly in employee handbooks. Sometimes a passage might read, “Nothing in this handbook shall be considered as an implied or expressed contract to limit the employment at will doctrine.” Workers are commonly asked to sign these documents, acknowledging that they have read and agree to its terms.

There are 11 states that do not follow the employment at will policy: Delaware, Wyoming, Alabama, Idaho, Massachusetts, Utah, Alaska, Nevada, Montana, and Arizona. These particular states choose to follow the “covenant of good faith and fair dealing” when it comes to employer and employee relationships.

For the states that do follow the employment at will policies, strict limitations have been applied to employment at will in most cases.

In 38 states, any promises of continued employment that have been made verbally take precedence in the eyes of the law over employment at will doctrines. A verbal promise might be something like, “we would never fire you without any reason”, or “you have a job here for life.” Such promises might be made by a supervisor or manager. Additionally, written agreements such as union contracts take precedence over employment at will policies. JH