Filing an Unemployment Denial Appeal in New Mexico
If you are asking yourself “What can I do if unemployment denied?” please take the time to learn about the following issues before you file an appeal.
- The right to appeal an unemployment decision in New Mexico
- Attending your appeal hearing in New Mexico
- Wrongful termination laws in New Mexico
New Mexico Unemployment Resources
The Right to Appeal an Unemployment Decision in New Mexico
If you are denied unemployment in New Mexico, you have a right to appeal the decision. To initiate the unemployment denial appeal process, you must file an appeal with the Appeal Tribunal within 15 days of receiving your determination letter. If you still want to claim unemployment benefits you can file an appeal online by logging into your Unemployment Insurance Tax & Claims account, or by filling out a “Request for a Hearing” form. The state Department of Workforce Solutions website offers additional information about appeals, and if you are still confused, you can speak with a customer service representative at the state Unemployment Insurance Operations Center. For more complex issues regarding appeals, you will need to contact the Appeals Tribunal directly by phone.
Even if unemployment compensation benefits denied your application, you should still continue to file for benefits on a weekly basis. If the tribunal rules in your favor, you will be eligible for unemployment insurance benefits, but if you did not file, you will not receive compensation for the weeks you spent waiting on a decision. It is also important to file your appeal on time. If you do not have a reasonable excuse for filing your appeal late, the state will more than likely deny your appeal immediately. If you must file a late appeal, please include your reason(s) for doing so in your application.
If a previous employer does not believe that you have met the qualifications for unemployment, he or she can file an appeal to have your NM unemployment benefits denied. Employers do this for a variety of reasons, but if the state finds the concerns of your employer valid, you may be forced to pay back any benefits you have already received. It is important to note that in the state of New Mexico, any party with a vested interest in your benefits can file an appeal against you.
Attending Your New Mexico Appeal Hearing
The New Mexico unemployment denial appeal process can be complicated, and many workers choose to hire an attorney to help them. You also have the right to present witnesses or hire any other legal representative you choose during the process. Most appeal hearings are conducted over the phone, but there will still be a strict set of guidelines to follow. Before you attend your unemployment denial appeal hearing, you must submit all relevant documents to the Department of Workforce Solutions, and the state recommends preparing beforehand. You will be assigned an Administrative Law Judge, who will review evidence and issue a ruling.
If you are denied unemployment a second time, you have the right to file another appeal with the Cabinet Secretary. When filing this appeal, you will need to provide the reason you disagree with the initial decision and provide any additional evidence. Secondary appeal hearings are also held over the phone, and if the Cabinet Secretary cannot arrive at a decision, your appeal will be sent to the Board of Review, which will issue a final ruling. If you wish to file a secondary appeal, you will need to do so within 15 days of receiving your initial appeal decision. If you are denied unemployment, please remember that the state of New Mexico does not hold in-person hearings under any circumstances.
Wrongful Termination Laws in New Mexico
Laws regarding wrongful termination in New Mexico can have a bearing on the status of your claim. Your employer is required to follow certain federal and state laws regarding employment and termination, and if they violate these laws, you may be able to file an appeal on the grounds of wrongful termination in NM.
You might be able to file an appeal if you were forced to resign or quit for any of the following reasons:
- You were physically, verbally, or sexually harassed.
- An employer asked you to perform an illegal or criminal act.
- You were terminated because of your age, disability, race, ethnicity, nationality, sexuality, gender, or religious views.
The following reasons are not related to wrongful termination, but they can impact your appeal decision:
- Your job was transferred to another location.
- You were forced to leave your job for personal safety reasons (ex: a violent ex-spouse found out your place of employment).
- An employer asked you to perform work that was in violation of your religious, spiritual, or moral beliefs.