The qualifications for unemployment in New Mexico can be confusing at first, especially if you are new to the state. Fortunately, workers who ask “What are the requirements to get unemployment in NM?” will have plenty of resources at their disposal. There are many factors that determine a claimant’s eligibility for unemployment, all of which must be met before getting approved.
We have compiled helpful information, hints, and tips about qualifying for unemployment benefits in New Mexico on this website and FAQs and our free guide. Read more below to learn about who can qualify for unemployment in New Mexico.
Basic New Mexico Unemployment Eligibility Criteria in New Mexico
There are basic rules regarding unemployment insurance eligibility in New Mexico, but most are relatively easy to understand. If you meet these criteria, the state will provide you with temporary unemployment insurance that will help you maintain your standard of living.
The unemployment program is largely overseen by the Department of Workforce Solutions, and it is sustained through taxes collected from employers within the state. Your eligibility for unemployment will depend on the basic criteria below:
- The applicant is unemployed through no fault of his or her own.
- Applicant must register for work and keep track of job contacts.
- Claimant will remain available for work on a regular basis.
- Petitioner is a resident of New Mexico.
Eligibility for EDD benefits in NM is also extended to foreign-born citizens. If you are not a natural citizen of the United States who qualifies for unemployment, the state will attempt to verify your authorization to work status with the federal government.
If you do not have a social security number when you file your initial claim, you will need to provide a copy of your alien registration number instead. If you still need to submit additional information after providing your number, the department will send you a letter detailing additional steps to take.
Unemployment Laws Regarding Termination in New Mexico
In order to meet the qualifications for unemployment in New Mexico, you will need to have the reasons behind your unemployment explored. To be approved for unemployment insurance coverage, the state has the right to contact your previous employers and verify any information about your work history, so you should provide honest and accurate information regarding the termination of your employment.
If you were fired or you quit for any of the reasons below, your eligibility for unemployment may be negatively impacted:
- Inappropriate behavior or speech
- Failure to follow company rules or regulations
- Taking part in a strike or labor dispute
- Placing the lives of others in danger/engaging in criminal activities
- Frequent tardiness or attendance issues
You will also fail to meet NM unemployment insurance eligibility standards if you:
- Do not look for work while receiving benefits
- Are self-employed
- Are employed part-time and earn a salary that is equal to or greater than your weekly benefits
If any of the aforementioned scenarios apply to you, and you proceed to file an unemployment claim, you will receive a Notice of Disqualification from the state detailing the reasons you were denied benefits.
Availability to Work Requirement in New Mexico
Your eligibility for unemployment benefits in New Mexico depends on your ability to show up for work. If you are not able or available to work at least 20 hours a week, you will not receive benefits until you can meet this requirement.
In the event that an illness or injury impacts your ability to work, you may be required to provide a note from a physician or other medical professional. You will fail to meet the qualifications for unemployment if you cannot attend work for any of the reasons listed below:
- Loss of transportation
- Inability to find childcare
- School attendance
A stipulation to receiving unemployment insurance coverage dictates that the beneficiary exhaust every avenue available to procure employment. Despite the fact that you are unemployed, the state will require you to be “able” to work. The unemployment insurance benefits that the state offers are temporary, and you will be expected to return to work as soon as you are offered a suitable or similar job.
Is Your Employer “Covered” According to New Mexico Law?
Your eligibility for EDD in New Mexico depends on whether you previously worked for a “covered” employer. This means that your employer must have contributed to the NM unemployment insurance program. If the previous employer was not covered, the applicant is not eligible to receive benefits.
Some industries are exempt from the requirement, so you may want to be sure that your previous employer was “covered” before you file your initial claim. The following types of workers will not meet the unemployment insurance eligibility standards due to lack of coverage:
- Members of the clergy or religious workers
- Non-profit employees
- Corporate executives
- Self-employed individuals and independent contractors
Last Updated: October 14, 2022