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New Mexico Unemployment Eligibility

You will be required to meet certain requirements in order to qualify for unemployment benefits. These requirements include but are not limited to:

  • Amount of money you earned in your base period as determined by your date of claim.
  • Your separation from your last employer must be under non-disqualifying conditions.
  • You must be able, available, and actively seeking new employment.
  • An individual’s “weekly benefit amount” is an amount equal to 1/26th of the total base period wages for insured work paid to him in the highest quarter in his base period.
  • Your total base-period wages must be equal to or greater than one and one-fourth times the wages for insured work in the highest quarter of the base period.

It must be determined that you are unemployed through no fault of your own, as outlined in New Mexico state law. You must also:

  • Be able to work – You are capable of working during the week in which you file for unemployment benefits. You cannot collect benefits if you are sick, injured or disabled.
  • Be available to work – You are ready to start a job immediately and do not have any obstacles to accepting work, such as transportation or childcare issues.
  • Be actively seeking work – You are searching for work and trying to find a job. Unless officially exempted, you will be required to conduct a minimum of two work searches per week for every week you certify for benefits. You are required to keep a log of all of your work searches, and the New Mexico Department of Workforce Solutions (NMDWS) can request verification of your searches at any time during your benefit year. The Work Search Verification Log can be used to keep track of all of your work searches.

In order to stay eligible for benefits, you must continue to meet the necessary requirements from your initial claim. In addition, you must report to your local New Mexico Workforce Connection Center when requested, and you must not refuse any offer of suitable work.
You may be disqualified from receiving benefits (completely or for a set period of time) if any of the following conditions are true:

  • You voluntarily quit your job without good cause, or if you voluntarily chose to retire.
  • You were fired from your job for misconduct.
  • Your unemployment is due to a labor dispute.
  • You refuse to find suitable work.
  • You may potentially be disqualified from receiving benefits for other reasons.

Please note that disqualifications can be appealed.

Eligibility Questions

Can I draw unemployment benefits while participating in sports and athletic events or trainings?

Benefits shall not be paid to individuals on the basis of services substantially all of which consist of participating in sports, athletic events or training or preparing to participate in such activities for any week of unemployment which occurs between two successive sports or athletic seasons.
It is intended to prevent persons who normally and regularly make their living participating in professional sports from claiming unemployment benefits during the off-season.

Are non-Americans allowed to collect unemployment benefits?

Unemployment benefits based on services performed by an alien shall not be payable unless such alien is an individual who was lawfully admitted for permanent residence, was lawfully present for purposes of performing such services or was permanently residing in the United States under color of the law at the time such services were performed. Also note that -
All information about the applicant must be furnished while applying to determine the benefits.
No individual shall be denied benefits because of his alien status except upon a preponderance of the evidence.

I was forced to resign from my company? Can I claim unemployment benefits in New Mexico?

Generally, a resignation is evidence of a voluntary quit. However, where a resignation is imposed or coerced by action of the employer, the separation is treated as a discharge rather than a voluntary leaving. Hence, you may be allowed to collect benefits if you can furnish evidence for the same. However, dissatisfaction with the working condition will not apply here and will make a good cause to have quit the job.

I was discharged on account of poor performance. Will I be able to receive unemployment benefits?

You might be able to receive benefits as this cannot be termed misconduct. If you were discharged for misconduct then you could be disqualified.
Misconduct is considered under following conditions -

  1. Misconduct will be established if it is shown that the claimant was fully capable of performing the work in a satisfactory manner and that the claimant’s failure to do so was due to an intentional or willful failure to perform to his ability and to a disregard of his duty to the employer.
  2. Inefficient or unsatisfactory job performance and isolated instances of carelessness or ordinary negligence may be misconduct in those public and private business activities requiring a heightened standard of responsibility, such as medical care and police and emergency activities.

The state adjudicates the claimant’s right to unemployment benefits and does so on the basis of misconduct, not incompetence or lack of ability.

More questions on Eligibility here.

More on New Mexico Unemployment -
Calculate Benefit Amount
How to apply
Office Locations

 

Questions & Answers

  1. Jess says:

    I have been looking for a job ever since I was told the firm I work at is closing down. I am considered a dependent because I am 21, yet I do not live at my parents home or rely on them financially. Does this effect my eligibility?

    • Adrian says:

      Personal factors do not really matter here.You must meet other eligibility criteria prescribed in your state.

      Please consider applying for UI benefits until you find a job.

  2. Shawnae says:

    I had to resign from my employment due to not having a vehicle. I work 40 miles from my employer and did not have any means to get to work. I also have a newborn and do not have a baby sitter. Can I draw unemployment?

  3. Joe says:

    I had a seizure, (first time) and was told that due to the seizure the company insurance would not cover me to drive. My job was a car sales person at a large car dealership. I showed up for work a week later, ready to work and was told they had to let me go. After filing for unemployment I was told the company indicated I had quit, which was a lie. I was not offered any other position. I am waiting for my appeal at this moment. Am I eligible for unemployment?

  4. kate says:

    I only worked at employers for 6 months and was let go. Is there a certin length of time at job to determine if im eligible for unemployment?

    • Adrian says:

      Generally they consider 4 of the last five calender quarters to ascertain various criteria for qualification.

      Hope you have enough to cover.

  5. Nicole Cano says:

    Come June I will no longer be able to work at my job that I have had for 6 years. This will be because I will be student teaching for a semester and attending evening classes. I will be considered a full time student. My work will have no need for me because I won’t be able to work any hours that this company is open during the week. Will I be able to qualify for Unemployment if I quit because I am unable to work there due to my school schedule?

    • Adrian says:

      UI benefits are only extended to those who are able and available to work.

      Looks like your school schedule will restrict you from qualifying.

  6. Carrie says:

    I am a bus driver for CCSD and the summer is coming up. I don’t work during the summer but I go back to work in August. CCSD do not pay us for the summer. Can I apply for unemployment?

  7. Lonnie Ray Lancaster says:

    I recently resigned for reason of dangers of commuting from Hobbs to Carlsbad daily.
    Am I Eligible to apply for benefits?

    • Adrian says:

      If there was a genuine threat or danger, you must be eligible.

      You must meet other eligibility criteria as well.

  8. Isabella says:

    If I am going to be receiving a big cut in pay, can I receive partial unemployment benefits?
    If I quit my job due to this cut in pay, may I receive unemployment benefits?

    • Adrian says:

      You can receive partial benefits only if your working hours in a day are reduced.If you quit the job voluntarily,you may not be eligible.

  9. lyric says:

    I moved to Alamogordo about three months ago to help my sister take care of our elderly mother. I have been looking for work without success. I was wondering if I would be eligible for benefits. My savings is getting.

  10. Mario says:

    Can i quit my job and apply for unemployment. Due to running a commercial vehicle falsifying logs. Poor dispatching forces me to meet appointment for pickups or delivery. The boss also has poor communication skills and screams out his points of view to me.

  11. Tara says:

    I have a feeling administration might try and push me out of the door. I just had a baby and asked to be part time for the next few months due to child care, which was denied. Thankfully we have been “flexing” hours (leave work early, unpaid) So it has worked out well. Anyhow, my question is…If i sucessfully comeplete all of my job requirements and tasks, daily, yet I have miss work due to child care (with out any write ups) can i be terminated or forced to resign due to past attendance (that was always approved)? Sorry so long and confusing, i am new to NM and not sure of the laws and just want to cover myself just in case something is to happen. Thank you in advance.

  12. raymond vigil says:

    I was accused of filing a complaint with the labor commission, which is not true and sent home until further notice. Can I still claim unemployment?

  13. Anonymous says:

    I was forced to resign for unspecified reasons which I’m told had nothing to due with violation of any rules, regulations, or policy. I assume I am eligible even though I resign rather than be fired. Please clarify.

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