Whenever an employee is terminated by an employer in a reduction in force by the employer, the terminated employee shall be rehired by that employer if the same or a comparable position becomes available in an increase of force within six months after the termination.
History: 1953 Comp., § 5-4-40.1, enacted by Laws 1963, ch. 200, § 7.
Authority to terminate. — Section 10-9-19 NMSA 1978, by providing rehire rights to employees "terminated by an employer in a reduction in force", implicitly authorizes a state agency or department to terminate an employee due to an authorized reduction in force. Cibas v. N.M. Energy, Minerals & Natural Resources Dep't, 1995-NMCA-046, 120 N.M. 127, 898 P.2d 1265.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 115.
Structure 2021 New Mexico Statutes
Chapter 10 - Public Officers and Employees
Section 10-9-2 - Purpose of act; enactment under constitution.
Section 10-9-4 - Coverage of service.
Section 10-9-7 - Certain rules changes requiring legislative approval.
Section 10-9-8 - Personnel board; appointment.
Section 10-9-9 - Board members; pay; meetings.
Section 10-9-10 - Board duties.
Section 10-9-11 - Board and office administratively attached to general services department.
Section 10-9-12 - Director duties.
Section 10-9-13 - Rules; adoption; coverage.
Section 10-9-13.1 - Legislative finding; purpose of act.
Section 10-9-13.2 - Veteran's preference.
Section 10-9-14 - Blind not barred from competitive examination; method of testing.
Section 10-9-15 - Duties of state officers and employers.
Section 10-9-16 - Status of present employees.
Section 10-9-17 - Certification of payroll.
Section 10-9-18 - Appeals by employees to the board.
Section 10-9-19 - Reduction in force.
Section 10-9-20 - Oaths; testimony; records; refusal.
Section 10-9-21 - Prohibited acts.
Section 10-9-22 - Unlawful acts prohibited.