The statute on the next page deals with the denial of unemployment benefits in New
Mexico. It lists the reasons for which the Division of Unemployment Services can disqualify a person from receiving unemployment benefits. Read the statute, and then answer the questions which follow.
- Who enacted this statute?
- Is this statutory mandatory or discretionary? What causal term in the
atute helped you answer this question?
- According to this statute, what are the three ways that a person can be
denied unemployment benefits in New Mexico? Must a person do all three
things to be disqualified from receiving benefits, or is it enough that t
hey only do one of the listed things? What term in the statute helped you answer this
- Are there any exceptions to this statute? If so, which of the three ways of
being denied unemployment compensation do the exceptions apply to?
5.Provide the Bluebook citation for this statute.
New Mexico Statutes Annotated, § 51-1-7§ 511-7. Disqualification for benefits
A.An individual shall be disqualified for and shall not be eligible to receive benefits:
(1)if it is determined by the division that the individual left employment voluntarily
without good cause in connection with the employment.However, a person shall not
be denied benefits under this paragraph:
(a) solely on the basis of pregnancy or the termin
ation of pregnancy;
(b) because of domestic abuse evidenced by medical documentation, legal
documentation or a sworn statement from the claimant; or
(c) if the person voluntarily left work to relocate because of a spouse, who is in the
military service of
the United States or the New Mexico national guard, receiving
permanent change of station orders, activation orders or unit deployment orders;
(2)if it is determined by the division that the individual has been discharged for
misconduct connected with the in
dividual’s employment; or
(3) if it is determined by the division that the individual has failed without good cause
either to apply for available, suitable work when so directed or referred by the division or
to accept suitable work when offered
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