Employment Agreement in New Mexico: A Detailed Review!
Getting employed is an outstanding achievement. However, you must protect your rights and interests during employment. You can do that by requesting your employer to create an employment agreement in New Mexico.
The contract should have terms of work, including salary and expectations. This agreement also comes in handy in protecting your employer's interest and streamlining the general working relationship.
What is a New Mexico Employment Agreement, and What Does it Include?
An employment agreement is a mutual contract between an employer and an employee. It covers essential terms of employment, including employee responsibilities and duration of work.
A probationary employment contract or any other type should have contract elements, like offer, acceptance, and consideration, to be considered legally binding. It must also not violate the rights of both parties, and its primary purpose is to establish a professional employment relationship.
A typical New Mexico employment contract can have a variety of details, including;
- Details of both parties (employer and employee)
- Job title and description
- Compensation and benefits
- Employment start date
- The longevity of the contract
- Terms of contract termination
- Non-compete and non-disclosure clauses
- Probation time
- Disciplinary procedures
New Mexico employment agreements can either be written or verbal. So, the details in a contract can vary with the type of agreement depending on the job and the type of employee to be hired.
Are Employment Agreements Enforceable in New Mexico?
Employment contracts that adhere to employment and contract laws are enforceable. The agreements must have reasonable terms of work to ensure both parties' interests are protected.
Restrictive contracts, like non-compete, are also common in New Mexico and can be enforced if they meet the following requirements;
- Have valuable consideration and reasonable terms
- The worker should not be a healthcare provider
- The terms should not violate an employee's right to work and earn a living
What Are the Legal Requirements for Employment Contracts?New Mexico is lenient when it comes to the legal requirements for employment contracts. The state requires each contract to have an offer, acceptance, and consideration. In addition, the state recognizes both express and implied agreements.
An express contract has all the terms of employment agreed upon in writing. This type of contact is mainly used when hiring executives, permanent employees, contractors, and subcontractors.
An implied contract is created based on the actions and representations of both parties. For instance, if an employee comes to work every day, works for specific hours a day, and the employer pays them a regular salary, an implied contract is created based on such conduct.
It is vital to note that express written contracts should be signed by both parties. However, the agreement may not be enforced if one party was under duress when signing.
New Mexico is an at-will employment state, meaning an employer or employee can end the employment relationship anytime and without cause. But if there is a valid employment contract, the contract cannot be terminated without a good reason.
Types of Employment Contracts in New Mexico?
Here are the commonly used types of employment agreements;
- A permanent contract is used by companies and institutions when hiring permanent executives and workers.
- A fixed-term contract is used when hiring workers for a specified duration. The employment can be short-term or long-term.
- A company, business, institution, or individual uses an independent contractor agreement when hiring a contractor or freelance worker to complete a particular job or assignment.