All Laws Decoded

Unemployment After Being Fired in New Mexico

Whether you can collect unemployment in New Mexico after being fired, what counts as misconduct, and how to appeal a denial.

Short answer: You may qualify if you were discharged for reasons other than misconduct. Benefits may be denied if you were discharged for reasons that amount to misconduct. NMDWS Unemployment Insurance FAQs; NMDWS Unemployment Insurance Benefits Handbook (rev. 02/2015)

If you were firedYou may qualify if you were discharged for reasons other than misconduct. Benefits may be denied if you were discharged for reasons that amount to misconduct. When a separation is in question, the department asks you and your employer to describe what happened, and an adjudicator issues a written decision, usually within 4 to 8 weeks of the claim.
Appealing a denialFile an appeal within 15 calendar days of the date the determination was issued, using the 'Request for a Hearing' information sent with the decision or online in the UI Tax & Claims System, and keep certifying each week while you wait. Hearings before the Appeals Tribunal are usually by phone; any documents must reach both the other party and the Tribunal at least 48 hours before the hearing. A hearing decision can be appealed to the Cabinet Secretary (who may refer it to the Board of Review) within 15 calendar days, and that decision to district court within 30 days.
Deadlines from the 2015 claimant handbook and NMDWS FAQs; check your determination letter for the exact deadline.

Where to get help in New Mexico

More New Mexico unemployment benefits

FAQ

Can you get unemployment if you were fired in New Mexico?
You may qualify if you were discharged for reasons other than misconduct. Benefits may be denied if you were discharged for reasons that amount to misconduct. When a separation is in question, the department asks you and your employer to describe what happened, and an adjudicator issues a written decision, usually within 4 to 8 weeks of the claim.
How do I appeal an unemployment denial in New Mexico?
File an appeal within 15 calendar days of the date the determination was issued, using the 'Request for a Hearing' information sent with the decision or online in the UI Tax & Claims System, and keep certifying each week while you wait. Hearings before the Appeals Tribunal are usually by phone; any documents must reach both the other party and the Tribunal at least 48 hours before the hearing. A hearing decision can be appealed to the Cabinet Secretary (who may refer it to the Board of Review) within 15 calendar days, and that decision to district court within 30 days.

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.