2018 New Mexico Statutes
Chapter 51 - Unemployment Compensation
Article 1 - Unemployment Compensation
Section 51-1-3 - Declaration of state public policy.
As a guide to the interpretation and application of this act, the public policy of this state is declared to be as follows: economic insecurity due to unemployment is a serious menace to the health, morals and welfare of the people of this state. Involuntary unemployment is therefore a subject of general interest and concern which requires appropriate action by the legislature to prevent its spread and to lighten its burden which now so often falls with crushing force upon the unemployed worker and his family. The achievement of social security requires protection against this greatest hazard of our economic life. This can be provided by encouraging employers to provide more stable employment and by the systematic accumulation of funds during periods of employment to provide benefits for periods of unemployment, thus maintaining purchasing power and limiting the serious social consequences of poor relief assistance. The legislature, therefore, declares that in its considered judgment the public good, and the general welfare of the citizens of this state requires the enactment of this measure, for the compulsory setting aside of unemployment reserves to be used for the benefit of persons unemployed through no fault of their own.
History: Laws 1936 (S.S.), ch. 1, § 2; 1941 Comp., § 57-802; 1953 Comp., § 59-9-2.
Compiler's notes. — The term "this act," referred to in the first sentence, refers to Laws 1936 (S.S.), ch. 1, which is presently compiled as 51-1-1, 51-1-3, 51-1-7, 51-1-8, 51-1-18, 51-1-19, 51-1-33, 51-1-34, 51-1-36, 51-1-37, 51-1-38, 51-1-40 to 51-1-42, 51-1-50, 51-1-52 and 51-1-53 NMSA 1978. Laws 1982, ch. 41, § 1, amended 51-1-1 NMSA 1978, substituting a reference to "Chapter 51 NMSA 1978" for "this act."
Section adheres to rule of liberal construction to accomplish the remedial and humanitarian ends intended by the legislature. Parsons v. Employment Sec. Comm'n, 1963-NMSC-007, 71 N.M. 405, 379 P.2d 57.
Unemployment Compensation Law calls for liberal construction to the end its remedial and humanitarian purposes may be given effect and recognizing that statutory definitions modify the common-law definitions of master and servant. Graham v. Miera, 1955-NMSC-054, 59 N.M. 379, 285 P.2d 493.
Unemployment compensation is substantial right as matter of public policy, and benefits may not be denied on the basis of controverted hearsay alone. Trujillo v. Employment Sec. Comm'n, 1980-NMSC-054, 94 N.M. 343, 610 P.2d 747.
Claimant has burden of establishing rights. — It is the general rule that the claimant has the burden of establishing his right to benefits. Moya v. Employment Sec. Comm'n, 1969-NMSC-022, 80 N.M. 39, 450 P.2d 925.
Employer claiming exemption carries heavy burden. — An employer claiming an exemption from the unemployment tax carries a heavy burden because of the rule of decision that the grant of an exemption from the tax is strictly construed against the claimant. Graham v. Miera, 1955-NMSC-054, 59 N.M. 379, 285 P.2d 493.
Unemployment benefits given to individual owing to forced retirement pursuant to a mandatory retirement plan is completely in accord with the declaration of state policy as concerns New Mexico in this section. Duval Corp. v. Employment Sec. Comm'n, 1972-NMSC-007, 83 N.M. 447, 493 P.2d 413.
Denial of benefits to employee discharged for misconduct is consistent with public policy of the unemployment compensation law. Warren v. Employment Sec. Dep't, 1986-NMSC-061, 104 N.M. 518, 724 P.2d 227.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 76 Am. Jur. 2d Unemployment Compensation § 2.
81 C.J.S. Social Security and Public Welfare §§ 147, 158, 212, 225.
