Whenever an employee is terminated by an employer in a reduction in force by the employer, the terminated employee shall be rehired by that employer if the same or a comparable position becomes available in an increase of force within six months after the termination.
History: 1953 Comp., § 5-4-40.1, enacted by Laws 1963, ch. 200, § 7.
Authority to terminate. — Section 10-9-19 NMSA 1978, by providing rehire rights to employees "terminated by an employer in a reduction in force", implicitly authorizes a state agency or department to terminate an employee due to an authorized reduction in force. Cibas v. N.M. Energy, Minerals & Natural Resources Dep't, 1995-NMCA-046, 120 N.M. 127, 898 P.2d 1265.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 67 C.J.S. Officers and Public Employees § 115.
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