NMSA 51-1-7 (1978) disqualification of unemployment benefits
Sandra Bergner
PA205-unit 2 assignment
March 10, 2014
Disqualification of Unemployment Benefits
The Statute N.M.A.S. 51-1-17, (2011) which is defined as New Mexico’s Annotated Statute describes the disqualification of employee benefits. A individual shall be disqualified and not be eligible to receive benefits if the individual voluntarily left employment, misconduct associated to the individuals employment, or has failed to apply for available work when it was offered. The unemployment statute was created and enacted by The Legislature of The State of New Mexico. In section 2. 51-1-44 NMSA (1978) (being Laws 1977, Chapter 227, and section 6 as amended. The unemployment law is a federal and state partnership but mostly ran by the state employees. The unemployment disqualification law is a discretionary law due to the facts that there are circumstances and exceptions to the rules. For example: if someone was disqualified from benefits and could prove their acts of good faith in trying to search for work or for what reason to why they were disqualified, and by correcting an issue at hand, it would be up to the unemployment’s offices’ discretion to reinstate that persons benefits. The clausal term in the statute for why I believe this is true is in the 1st paragraph of 51-1-7, stating, “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”. Basically what it is meaning that the phrase “good cause” is a discretionary phrase and who would be the one to say “what is good enough cause”, or “what is not good enough cause”, for the voluntarily leaving or quitting a place of employment? That is discretionary. One of the reasons that an individual can be disqualified from unemployment benefits would be for the reason if the individual voluntarily left or quit employment without good reason other
PA205-unit 2 assignment
March 10, 2014
Disqualification of Unemployment Benefits
The Statute N.M.A.S. 51-1-17, (2011) which is defined as New Mexico’s Annotated Statute describes the disqualification of employee benefits. A individual shall be disqualified and not be eligible to receive benefits if the individual voluntarily left employment, misconduct associated to the individuals employment, or has failed to apply for available work when it was offered. The unemployment statute was created and enacted by The Legislature of The State of New Mexico. In section 2. 51-1-44 NMSA (1978) (being Laws 1977, Chapter 227, and section 6 as amended. The unemployment law is a federal and state partnership but mostly ran by the state employees. The unemployment disqualification law is a discretionary law due to the facts that there are circumstances and exceptions to the rules. For example: if someone was disqualified from benefits and could prove their acts of good faith in trying to search for work or for what reason to why they were disqualified, and by correcting an issue at hand, it would be up to the unemployment’s offices’ discretion to reinstate that persons benefits. The clausal term in the statute for why I believe this is true is in the 1st paragraph of 51-1-7, stating, “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”. Basically what it is meaning that the phrase “good cause” is a discretionary phrase and who would be the one to say “what is good enough cause”, or “what is not good enough cause”, for the voluntarily leaving or quitting a place of employment? That is discretionary. One of the reasons that an individual can be disqualified from unemployment benefits would be for the reason if the individual voluntarily left or quit employment without good reason other