Quick Facts — Employment Contract Lawyers

What is a New Mexico Employment Contract?

A New Mexico employment contract is a legally binding document that is negotiated between an employer and an employee to outline the terms of employment. Most employment agreements are used when hiring employees, but they can also be used when hiring contractors, consultants, and freelance workers.

An employment contract will address issues like salary, benefits, duties, and reasons for termination. If an employee doesn’t have an employment contract, they are considered an “at will” employee and can be terminated for any reason at any time.

Are Employment Contracts Enforceable in New Mexico?

Yes. Employment contracts are enforceable in New Mexico. The laws governing employment and contracts can be found in Chapter 50 of the New Mexico Statutes governing employment law.

New Mexico regularly enforces restrictive covenants like non-competition agreement as long as it reasonable and abides by the following criteria:

  1. The non-compete agreement has valuable consideration
  2. The agreement is reasonable regarding duration and geographic scope
  3. The employee is not a healthcare provider

What Are the Legal Requirements for New Mexico Employment Contracts?

Like most contracts, the legal requirements for a New Mexico employment contract mandates that the contract has an offer, acceptance, and consideration. An employment contract can be express or implied.

An express contract is one that has definitive terms written out and agreed to by both parties. An implied contract is a contract that is created based upon the representations and conduct of the parties.

Types of New Mexico Employment Contracts

There are several types of enforceable employment contracts in New Mexico including:

  • Permanent employment agreement. Used for permanent full and part time employees who will have set hours, compensation, and no end date for employment.
  • Fixed term employment agreement. Used when hiring employees who will work for a set duration, like seasonal workers.
  • Contractor agreement. Used when a business hires an independent contractor who will not be treated as an employee.

Frequently Asked Questions

How do I hire a lawyer to draft an employment contract in New Mexico?

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David L.

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Tiffany received her Juris Doctorate from the J. Reuben Clark Law School, Magna Cum Laude. She is admitted to the Utah State Bar and the New Mexico State Bar. She practices in the areas of real estate, general business, business formation, employment agreements, and civil litigation.

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Tina T.

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I am a New Mexico licensed attorney with many years of world experience in real estate, transactional law, social security disability law, immigration law, consumer law, and estate planning.

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Driven attorney with a knack for alternative dispute resolution, real estate, corporate law, immigration, and basic estate planning, with superb people skills and high emotional intelligence, and for working smart and efficiently, as well as time and financial management skills to deliver excellent legal work and solutions to legal issues. Seasoned with 20+ years of law firm and legal experience (real estate/corporate).

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Derek C.

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Tampa, Florida
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With over a decade of experience in transactional legal work, I provide clients with comprehensive, practical, and tailored solutions in real estate, business law, and estate planning. My focus is on delivering precise, client-centered services that protect your interests and help you achieve your goals. What I Offer: Real Estate Law: Expertise in drafting, reviewing, and negotiating contracts for purchases, sales, leases, easements, title documents, and closings. Whether you're dealing with commercial, multifamily, or residential properties, I’ll ensure your transaction is seamless and secure. Business Law: Skilled in forming entities, drafting contracts, and other key negotiations. From startups to established businesses, I provide legal guidance to help you operate and grow with confidence. Estate Planning: Comprehensive estate planning services, including wills, trusts, powers of attorney, and healthcare directives. I work closely with clients to create customized plans that protect their assets and ensure their wishes are honored. Transactional Expertise: A proven track record of navigating complex deals efficiently and accurately, reducing risks and delivering results. Why Work With Me? Client-Centered Approach: I prioritize your unique needs, ensuring tailored solutions and clear communication throughout. Attention to Detail: My meticulous approach ensures that every document, negotiation, and agreement is handled flawlessly. Proven Results: For over 10 years, I’ve helped clients close real estate deals, secure favorable business outcomes, and establish estate plans that offer peace of mind. Let’s work together to secure your future, protect your assets, and simplify complex legal transactions. Contact me today to discuss how I can support your real estate, business, or estate planning needs!

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In my thirteen years of practice, I've had the opportunity to argue cases in state, federal, and tribal courts; in subjects as diverse as gaming, land tenure, water rights, treaty rights, finance, employment, criminal defense, conflict of laws, and tort (among others). But the real value I brought my clients came through avoiding litigation, fostering relationships, and developing long-term strategies.

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"I had a great experience working with Randy. I had a long, somewhat aggressive non-competition employer agreement for a job offer that I wanted to take. He reviewed every point of the agreement within the agreed timeline and provided a very detailed and specific report about the various risks and practical effects it could have on my future career. He even offered very reasonable suggestions to the terms to negotiate for before signing the offer letter. I am very pleased with the outcome and it allowed me to sign the job offer without fear of a clause that I didn't understand."

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Employment

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Asked on Apr 15, 2023

What should be included in my employment contract?

I am a small business owner looking to hire an employee for the first time. I have never written an employment contract before, so I am unsure of what should be included in the contract to ensure that it is legally binding and protects both the employee and me. I am looking for advice on what should be included in the contract to ensure that my interests and those of my employee are adequately protected.

Donya G.

Answered Apr 18, 2023

Hello, Congratulations on your business. Here are some things that need to be in the agreement - amount you will pay them, when you will pay, the term of the employment, confidentiality, non solicit. Since you have never done this before, I would like to suggest that you hire an attorney to get it done to ensure it is done correctly. I am a NY attorney with over 20 years of experience. I assist small businesses like yours with their employment, vendor, investment and all their contract needs. I would love to assist you. You can contact me on the Contracts Counsel website or on my personal page - Donya Gordon Looking forward to talking to and working with you Sincerely Donya Gordon

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Asked on Apr 13, 2023

What's personal leave in an employment contract?

I have recently been offered a job, and the employment contract I have been provided with states that I am entitled to personal leave. I am not sure what this is, or what it entitles me to. I would like to know what rights and responsibilities I have regarding personal leave, and what the employer's expectations are of me with regards to this leave.

Jeffrey K.

Answered Apr 14, 2023

Personal leave sometimes replaces vacation and sick time. Some employers just give employees time off for whatever reason the employee chooses. To know more about the rights and responsibilities, you should speak to HR at your new employer who will help you with the employer's expectations and your rights under the leave provision in your contract. Also, look at your contract as it may provide insight as to how to implement the leave. When in doubt, speak to HR. Thanks.

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Asked on Oct 4, 2022

What is fixed term employment contract?

I have been given a contract that says 'Fixed Term Employment Contract'. How is this different than a normal employment contract? Is there anything I need to consider before signing this?

Michael M.

Answered Oct 7, 2022

This is an agreement that has a fixed amount of years which is agreed to by the employer and the employee. These types of agreements usually have a term of say 1, 2, or 3 years and often are renewable for another fixed term

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Litigation

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Asked on Apr 23, 2023

What's the termination clause in an employment contract?

I recently accepted a position at a company and they have given me an employment contract to review. I have been reading through the contract and noticed a section regarding termination. However, I am not sure what the termination clause in the contract states and I am hoping to get some clarification from a lawyer. I want to make sure that I understand my rights and obligations before signing the contract.

Curt L.

Answered Apr 28, 2023

Most employment contracts contain (1) termination for cause, and/or (2) termination without cause (also known as at-will employment relationship).

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Employment

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Asked on Apr 18, 2023

What's position hierarchy in an employment contract?

I am a potential employee considering a job offer from a company. I have received a copy of the employment contract, but I am confused about the position hierarchy outlined in it. Specifically, I am unsure of the differences between the various job titles and the roles and responsibilities associated with each one. I would like to know more about the position hierarchy in the contract to better understand the job I am considering.

N'kia N.

Answered Jun 2, 2023

Position hierarchy may vary, as it is typically based on such factors as industry standards, company size, and internal policies. Before accepting an employment offer, a prospective employee should have a clear understanding of where the proposed position stands in the prospective employer's position hierarchy, as well as how the hierarchy affects the duties and responsibilities for that position. If the position hierarchy in a proposed employment contract or an employment offer letter is confusing, the prospective employee should seek clarification from the proposed employer.

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