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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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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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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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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Asked on Apr 13, 2023

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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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Answered May 10, 2023

You can create your own will. However, having an attorney draft it for you will ensure that your wishes are carried out in all circumstances. Doing it yourself without having any experience may cause many problems after your demise.

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Florida doesn't require employers to provide a pay stub with a paycheck, nor do they have to offer them in electronic format. Pay stub legislation in Florida instead defaults to federal laws under the Fair Labor Standards Act (FLSA).

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Asked on Apr 17, 2023

What's the safety policy in an employment contract?

I recently accepted a job offer from a new employer and as part of the employment contract, I need to understand the safety policy in the workplace. I understand that safety policies in the workplace are important for the protection of both employees and employers, but I am not sure of the specific details of the safety policy included in my employment contract. I would like to know what safety policies are included in the contract in order to ensure that I have a safe working environment.

Diane D.

Answered May 2, 2023

Without seeing the contract, there is no way of knowing.

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