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NM time frame to pay emplyee if fired/quits in New Mexico

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  • NM time frame to pay emplyee if fired/quits in New Mexico

    Hello, i live in a state outside New Mexico. My employer however resides buisness in NM. I am on salary plus commision. My employer locates work where i reside and dispatches accordingly. I recently became ill with Pneumonia and was told work would no longer be routed my way. Which was understandable. The pay period rolled around and i did not recieve a check. Nor will my calls or emails be returned.
    My question is if i am fired should i not recieve full amout owed in a certain amount of time? Being that no reply is givin and i reply with one last email stating accept my resignation in 72hrs, is there a time frame an employer must pay?
    should i just sit back and play the waiting game. If im salary, weather i work or not, i would expect to be paid...i have not heard the words we no longer need your services. i was out of work for 2 days and supplied info from doctor. i was told by employer

    "Sorry to hear you are not doing well.
    From a business standpoint I have been turning away a lot of work in your area and I'm afraid it may take a while to rebuild the business in your area. I need to know when you will be ready to start back to work. I CANNOT schedule anymore work for you that I have to cancel on."

    Much appreciation for any assistance

  • #2
    It's not clear that you've been fired from what you've posted. New Mexico law is that when an employee is terminated (whether that's voluntary or involuntary), the employee must be paid remaining wages on the next regular payday. However, the law in the state in which you resided is what would prevail, and you didn't post the state you live in.
    I am not able to respond to private messages. Thanks!


    • #3
      Your IP address indicates that you are in Colorado. If that is the case, under CO law (which is what would prevail, as Marketeer indicated) if you resign your final pay is due on the next regular payday; if you are fired it is due on your last day of employment.

      However, I agree with Marketeer that it is not clear that you have been fired; rather, that he is simply waiting for you to tell him that you are ready to go back to work before he issues any assignments to you.

      Salaried is only a pay method and means nothing in and of itself. If you are salaried non-exempt, you are not due any pay for time you did not work, regardless of the reason. If you are salaried exempt, it COULD be legal for you not to be paid when you miss time due to illness but we do not have enough information to say if the right circumstances exist. But not being paid for time missed due to illness is a long way from being fired.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


      • #4
        I agree it's not clear if you were fired or boss is merely trying to nail down your work availability so as to not leave a trail of upset customers ....Id NOT jump to resign !


        • #5
          if you sent boss an email of I resign in 72 hours ..that's a quit....and you may need to eat a lot of crow to try to unwrap that one...if they still want you ....uncool note to send boss,


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