Wrongful Termination in New Mexico
New Mexico is generally an at-will state, but some firings are illegal. Here are the exceptions, retaliation protections and where to file.
Short answer: The Minimum Wage Act makes it unlawful for an employer to fire, demote, deny promotion to, or otherwise discriminate against a person for asserting a claim or right under the Act, helping someone else do so, or informing another person about employment rights or other rights provided by… NMSA 1978 § 50-4-26.1, as quoted in the NMDWS Labor Relations Division Investigations Manual (2025)
| Whistleblower and retaliation protection | The Minimum Wage Act makes it unlawful for an employer to fire, demote, deny promotion to, or otherwise discriminate against a person for asserting a claim or right under the Act, helping someone else do so, or informing another person about employment rights or other rights provided by law. This covers wage-related complaints. |
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| Job discrimination complaints | The New Mexico Human Rights Bureau (part of the Department of Workforce Solutions) enforces the Human Rights Act, which covers employers with four or more employees. NMDWS states that claims based on sexual orientation or gender identity apply to employers with 15 or more employees, and spousal affiliation to employers with 50 or more. A complaint must be filed within 300 days of the last incident. Filing is free, and a complaint that meets EEOC requirements is dual-filed with the EEOC. |
Where to get help in New Mexico
More New Mexico employment law
- Minimum Wage in New Mexico
- Final Paycheck Laws in New Mexico
- Meal and Rest Break Laws in New Mexico
- Paid Sick Leave in New Mexico
- All New Mexico employment law rules
FAQ
Is it illegal to fire someone for reporting a violation in New Mexico?
The Minimum Wage Act makes it unlawful for an employer to fire, demote, deny promotion to, or otherwise discriminate against a person for asserting a claim or right under the Act, helping someone else do so, or informing another person about employment rights or other rights provided by law.
Where do I file a job discrimination complaint in New Mexico?
The New Mexico Human Rights Bureau (part of the Department of Workforce Solutions) enforces the Human Rights Act, which covers employers with four or more employees. NMDWS states that claims based on sexual orientation or gender identity apply to employers with 15 or more employees, and spousal affiliation to employers with 50 or more. A complaint must be filed within 300 days of the last incident. Filing is free, and a complaint that meets EEOC requirements is dual-filed with the EEOC.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.