New Mexico Statutes

N.M. Stat. § 51-1-3 (2026)

Declaration of state public policy

✓ current as of May 2026

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As a guide to the interpretation and application of this act, the public policy of this state is declared to be as follows: economic insecurity due to unemployment is a serious menace to the health, morals and welfare of the people of this state. Involuntary unemployment is therefore a subject of general interest and concern which requires appropriate action by the legislature to prevent its spread and to lighten its burden which now so often falls with crushing force upon the unemployed worker and his family. The achievement of social security requires protection against this greatest hazard of our economic life. This can be provided by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor relief assistance. The legislature, therefore, declares that in its considered judgment the public good, and the general welfare of the citizens of this state requires the enactment of this measure, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own.

History: Laws 1936 (S.S.), ch. 1, § 2; 1941 Comp., § 57-802; 1953 Comp., § 59-9-2.

ANNOTATIONS

Compiler’s notes. — The term "this act," referred to in the first sentence, refers to Laws 1936 (S.S.), ch. 1, which is presently compiled as 51-1-1, 51-1-3, 51-1-7, 51-1-8, 51-1-18, 51-1-19, 51-1-33, 51-1-34, 51-1-36, 51-1-37, 51-1-38, 51-1-40 to 51-1-42, 51- 1-50, 51-1-52 and 51-1-53 NMSA 1978. Laws 1982, ch. 41, § 1, amended 51-1-1 NMSA 1978, substituting a reference to "Chapter 51 NMSA 1978" for "this act."

Section adheres to rule of liberal construction to accomplish the remedial and humanitarian ends intended by the legislature. Parsons v. Employment Sec. Comm'n, 1963-NMSC-007, 71 N.M. 405, 379 P.2d 57.

Unemployment Compensation Law calls for liberal construction to the end its remedial and humanitarian purposes may be given effect and recognizing that statutory definitions modify the common-law definitions of master and servant. Graham v. Miera, 1955-NMSC-054, 59 N.M. 379, 285 P.2d 493.

Unemployment compensation is substantial right as matter of public policy, and benefits may not be denied on the basis of controverted hearsay alone. Trujillo v. Employment Sec. Comm'n, 1980-NMSC-054, 94 N.M. 343, 610 P.2d 747.

Claimant has burden of establishing rights. — It is the general rule that the claimant has the burden of establishing his right to benefits. Moya v. Employment Sec. Comm'n, 1969-NMSC-022, 80 N.M. 39, 450 P.2d 925.

Employer claiming exemption carries heavy burden. — An employer claiming an exemption from the unemployment tax carries a heavy burden because of the rule of decision that the grant of an exemption from the tax is strictly construed against the claimant. Graham v. Miera, 1955-NMSC-054, 59 N.M. 379, 285 P.2d 493. Unemployment benefits given to individual owing to forced retirement pursuant to a mandatory retirement plan is completely in accord with the declaration of state policy as concerns New Mexico in this section. Duval Corp. v. Employment Sec. Comm'n, 1972-NMSC-007, 83 N.M. 447, 493 P.2d 413.

Denial of benefits to employee discharged for misconduct is consistent with public policy of the unemployment compensation law. Warren v. Employment Sec. Dep't, 1986-NMSC-061, 104 N.M. 518, 724 P.2d 227.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 76 Am. Jur. 2d Unemployment Compensation § 2.

81 C.J.S. Social Security and Public Welfare §§ 147, 158, 212, 225.

Notes of Decisions

Cited in 26 cases (1 in the last 5 years), 1980–2024 · leading case: NM Dep't of Workforce Solutions v. Garduño, 2016 NMSC 2 (N.M. 2015).

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NM Dep't of Workforce Solutions v. Garduño, 2016 NMSC 2 (N.M. 2015). · cites it 4× “See NMSA 1978, § 51-1-3 (1936) (“[The purpose of the statute is to] lighten [the] burden which now so often falls with crushing force upon the unemployed worker and [the worker’s] family.”

Fitzhugh v. New Mexico Dep't of Labor, Emp. Sec. Div., 922 P.2d 555 (N.M. 1996). · cites it 2× “” Section 51-1-3. In Fitzhugh’s ease, absenteeism may explain her discharge from Prudential, but standing alone it is not necessarily the kind of misconduct that would render her ineligible for unemployment compensation.”

State of NM ex rel. Stewart v. Martinez, 2011 NMSC 45 (N.M. 2011). · cites it 4× “(restated as NMSA 1978, § 51-1-3) (emphasis added). The Act establishes an unemployment compensation fund and the parameters for unemployment benefit eligibility.”

Millar v. New Mexico Dep't of Workforce Solutions, 2013 NMCA 055 (N.M. 2013). · cites it 9× “” NMSA 1978, § 51-1-3 (1953). Benefits run for twenty-six weeks, NMSA 1978, § 51-1-4(E) (2011), but may be continued for an additional twenty-six weeks during times of high employment.”

Yeitrakis v. Schering-Plough Corp., 804 F. Supp. 238 (D.N.M. 1992). · cites it 2× “Involuntary unemployment is therefore a subject of general interest and concern which requires appropriate action by the legislature to prevent its spread and to lighten its burden which now so often falls with crushing force upon the unemployed worker and his family.”

Shovelin v. Cent. Nm Elec. Co-op., 850 P.2d 996 (N.M. 1993). · cites it 2× “The second factor is whether procedural differences between the ESD proceedings and the breach of contract action would make it unfair to give preclusive effect to the ESD decision. The Unemployment Compensation Law is designed to "lighten [the] burden which now so often falls…”

Maxwell v. Ross Hyden Motors, Inc., 722 P.2d 1192 (N.M. Ct. App. 1986). · cites it 2× “In arguing to this court, plaintiff, for the first time, asserts that the state’s Unemployment Compensation Law, NMSA 1978, Section 51-1-3 (Repl.Pamp.1983), is the specific expression of public policy which has been violated.”

Shovelin v. Cent. New Mexico Elec. Coop., Inc., 850 P.2d 996 (N.M. 1993). · cites it 2× “The second factor is whether procedural differences between the ESD proceedings and the breach of contract action would make it unfair to give preclusive effect to the ESD decision. The Unemployment Compensation Law is designed to “lighten [the] burden which now so often falls…”

Trujillo v. Emp. Sec. Comm'n, 610 P.2d 747 (N.M. 1980). · cites it 2× “We interpret Section 51-1-3, N.M. S.A.1978, to establish unemployment compensation as a substantial right as a matter of public policy.”

Jueng v. New Mexico Dep't of Labor, 910 P.2d 313 (N.M. 1996). · cites it 2× “” Section 51-1-3 (Declaration of state public policy).”

Lopez v. Emp. Sec. Div. of the New Mexico Dep't of Labor, 802 P.2d 9 (N.M. 1990). “See § 51-1-3. Since the statute in question fails to address the employment situation presented under these facts, we find the language ambiguous and in need of interpretation consistent with the legislature’s intent.”

Wellborn Paint Mfg. Co. v. New Mexico Emp. Sec. Dep't, 685 P.2d 389 (N.M. Ct. App. 1984). · cites it 2× “Section 51-1-3. The Act calls for liberal construction to accomplish the remedial and humanitarian ends intended by the legislature.”

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