The Last Paycheck
Section 50-4-4 — within five days of a discharge; at the next pay day after quitting
| How the job ended | When the wages are due |
|---|---|
| How the job endedDischarged, with wages a fixed and definite amount | When the wages are dueOn demand, paid within five days of the discharge |
| How the job endedDischarged, with pay by task, piece, commission or another calculation | When the wages are dueWithin ten days of the discharge |
| How the job endedQuit or resigned, without a written contract for a definite period | When the wages are dueAt the next pay day |
Who handles this in New Mexico: New Mexico Free Legal Answers; and legal aid programs, lawyer referral and the state offices, listed in the New Mexico directory.
When a discharged employee's wages are not paid in that time, they keep running from the discharge until paid, at the same rate, and may be recovered in a civil action, as the section sets out.
Sources for this section (2)
- NMSA 1978, § 50-4-4 — Discharges [Discharged] employees
- NMSA 1978, § 50-4-5 — Employees quitting employment
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.