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Legal Opinion

Perez v. New Mexico Department of Workforce Solutions

New Mexico Court of Appeals

Decided March 9, 2015No. Docket No. 34,499; Docket No. 34,880Published

1Opinion of the Court

OPINION

CHÁVEZ, Justice.

In these consolidated cases, the New Mexico Department of Workforce Solutions (Department) denied three former State of New Mexico employees (Claimants) unemployment compensation benefits, relying on NMSA 1978, Section 51-1-44(A)(5)(a) (1978). Section 51-l-44(A)(5)(a) provides that unemployment compensation benefits are not available for a state government employee who works “in a position which, under or pursuant to state law, is designated as ... a. major nontenured policy-making or advisory position.” Id. (emphasis added). We interpret this language to require the…

2Cases cited14 opinions

  1. New Mexico Industrial Energy Consumers v. New Mexico Public Regulation CommissionNew Mexico Supreme Court · 2007
  2. Griego v. OliverNew Mexico Supreme Court · 2013
  3. State Ex Rel. Taylor v. JohnsonNew Mexico Supreme Court · 1998
  4. Fitzhugh v. New Mexico Department of Labor, Employment Security DivisionNew Mexico Supreme Court · 1996
  5. Martinez v. New Mexico State Engineer OfficeNew Mexico Court of Appeals · 2000

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