New Mexico § 51-1-7 - Disqualification for benefits

§ 51-1-7. Disqualification for benefits

A. An individual shall be disqualified for and shall not be eligible to receive benefits: (1) if it is determined by the division that the individual left employment voluntarily

without good cause in connection with the employment. No individual shall receive benefits until the division has contacted the former

employer and determined whether the individual left the employment voluntarily; provided,

however, that a person shall not be denied benefits under this paragraph: (a) solely on the basis of pregnancy or the termination of pregnancy; (b) because of domestic abuse evidenced by medical documentation, legal documentation

or a sworn statement from the claimant; or (c) if the person voluntarily left work to relocate because of a spouse, who is in

the military service of the United States or the New Mexico national guard, receiving

permanent change of station orders, activation orders or unit deployment orders; (2) if it is determined by the division that the individual has been discharged for

misconduct connected with the individual's employment; or (3) if it is determined by the division that the individual has failed without good

cause either to apply for available, suitable work when so directed or referred by

the division or to accept suitable work when offered. B. In determining whether or not any work is suitable for an individual pursuant to

Paragraph (3) of Subsection A of this section, the division shall consider the degree

of risk involved to the individual's health, safety and morals, the individual's physical

fitness, prior training, approved training, experience, prior earnings, length of

unemployment and prospects for securing local work in the individual's customary occupation

and the distance of available work from the individual's residence. Notwithstanding any other provisions of the Unemployment Compensation Law, no work

shall be deemed suitable and benefits shall not be denied under the Unemployment Compensation

Law to any otherwise eligible individual for refusing to accept new work under any

of the following conditions: (1) if the position offered is vacant due directly to a strike, lockout or other labor

dispute; (2) if the wages, hours or other conditions of the work offered are substantially

less favorable to the individual than those prevailing for similar work in the locality;

or (3) if, as a condition of being employed, the individual would be required to join

a company union or to resign from or refrain from joining any bona fide labor organizations. C. An individual shall be disqualified for, and shall not be eligible to receive,

benefits for any week with respect to which the division finds that the individual's

unemployment is due to a labor dispute at the factory, establishment or other premises

at which the individual is or was last employed; provided that this subsection shall

not apply if it is shown to the satisfaction of the division that: (1) the individual is not participating in or directly interested in the labor dispute;

and (2) the individual does not belong to a grade or class of workers of which, immediately

before the commencement of the labor dispute, there were members employed at the premises

at which the labor dispute occurs, any of whom are participating in or directly interested

in the dispute; provided that if in any case separate branches of work that are commonly

conducted in separate businesses in separate premises are conducted in separate departments

of the same premises, each such department shall, for the purposes of this subsection,

be deemed to be a separate factory, establishment or other premises. D. An individual shall be disqualified for, and shall not be eligible to receive,

benefits for any week with respect to which, or a part of which, the individual has

received or is seeking, through any agency other than the division, unemployment benefits

under an unemployment compensation law of another state or of the United States;

provided that if the appropriate agency of such other state or of the United States

finally determines that the individual is not entitled to such unemployment benefits,

this disqualification shall not apply. E. A disqualification pursuant to Paragraph (1) or (2) of Subsection A of this section

shall continue for the duration of the individual's unemployment and until the individual

has earned wages in bona fide employment other than self-employment, as provided by

rule of the secretary, in an amount equivalent to five times the individual's weekly

benefit otherwise payable. A disqualification pursuant to Paragraph (3) of Subsection A of this section shall

include the week the failure occurred and shall continue for the duration of the individual's

unemployment and until the individual has earned wages in bona fide employment other

than self-employment, as provided by rule of the secretary, in an amount equivalent

to five times the individual's weekly benefit amount otherwise payable; provided

that no more than one such disqualification shall be imposed upon an individual for

failure to apply for or accept the same position, or a similar position, with the

same employer, except upon a determination by the division of disqualification pursuant

to Subsection C of this section. F. As used in this section: (1) “ domestic abuse ” means that term as defined in Section 40-13-2 NMSA 1978; and (2) “ employment ” means employment by the individual's last employer as defined by rules of the secretary.