New Mexico § 50-4-4 - Discharged employees

§ 50-4-4. Discharged employees

A. Whenever an employer discharges an employee, the unpaid wages or compensation of

such employee, if a fixed and definite amount, and not based on a task, piece, commission

basis or other method of calculation, shall, upon demand become due immediately, and

the employer shall pay such wages to the employee within five days of such discharge. B. In all other cases of discharged employees the settlement and payment of wages

or compensation shall be made within ten days of such discharge. C. In case of failure to pay wages or compensation due an employee within the time

hereinbefore fixed, the wages and compensation of the employee shall continue from

the date of discharge until paid at the same rate the employee received at the time

of discharge, and may be recovered in a civil action brought by the employee; provided

that the employee shall not be entitled to recover any wages or compensation for any

period subsequent to the date of discharge unless he pleads in his complaint and establishes

that he made demand within a reasonable time upon his employer at the place designated

for payment and payment was refused, provided further that the employee shall not

be entitled to recover any wages or compensation for any period subsequent to the

sixtieth day after the date of discharge.