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New Mexico Statute

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New Mexico Statute
Melissa L. Shuey
Kaplan University

1. This statute was enacted by the legislature of the State of New Mexico. 2. The language contained in the New Mexico statute is primarily mandatory. The beginning of the statue uses “shall be” and “shall not be,” both of which are mandatory phrases. Additionally, subsection (1) continues with mandatory language when it states, “No individual shall receive benefits…” and “…that a person shall not be denied….” However, some discretionary language exists with the phrases, “without good cause” and “suitable work,” which leaves room for subjectivity on the part of the Division of Unemployment Services. 3. According to the statute, a person can be denied unemployment benefits if “it is determined by the division that” the person voluntarily quits, is fired for misconduct connected to the job, or is not attempting to get a job, either by not applying or turning down a viable job offer. Based on the fact that these three items are separated by semicolons and the word “or” between numbers two and three, a person must only meet one of the three descriptions in order to be disqualified from receiving benefits. 4. Exceptions apply only to the first part, (1), which relates to a person voluntarily quitting a job. These exceptions clarify that benefits shall not be denied “solely on the basis of pregnancy or the termination of pregnancy;” if the person left the job due to evidenced domestic abuse; or if relocation was necessary because of a spouse’s military service orders. 5. N.M. Stat. Ann. § 51-1-7 (2011). 6. According to “Case Law: Lawmaker’s Don’t Make All the Laws,” the simplest way to explain the difference between statutes and case law is to say that “statutes are laws passed by legislatures, such as the U.S. Congress or your state lawmakers” (2015) while case law are “the rules of

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