File for Unemployment in New Mexico

The New Mexico Department of Workforce Solutions is responsible for processing all unemployment insurance claims. Filing for unemployment can be done online or over the phone.

Unemployment Application and Initial Claim

File Your Unemployment Application and Initial Claim Process

All individuals applying for and receiving UI benefits are required to log in to the New Mexico Workforce Connection Online System, www.jobs.state.nm.us, first in order to access the UI Tax & Claims System.  You can also file by phone.  You may submit an initial claim online Sunday through Friday between 4:00 a.m. to 9:00 p.m.

If opting to utilize the toll-free telephone number, you will begin your claim via an automated portion and then be transferred to a Customer Service Agent who will be able to complete your claim. This service is available Monday through Friday from 8:00 a.m. to 4:30 p.m.

You should apply for benefits as soon as you become separated from employment or your hours are reduced. Your claim will be effective on the Sunday of the week you file your initial claim. All claims have a one-week, unpaid waiting period.

Once you submit a claim, you will receive a Notice of Initial Determination which provides you with the following information:

• Weekly and maximum benefit amounts
• The beginning date of your claim
• Your wages that are to be used for computing for UI claims benefits
• The amounts of wages reported by each employer during each of the four specific quarters that are used to determine eligibility for UI benefits  

Documents and Information Needed During Filing

When filing for unemployment, you will want to have the following information accessible:

• Social security number or alien registration number (if not a citizen);
• Previous employer information including mailing address, phone number, and starting / end dates;
• Information on any wages earned leading up to filing including severance packages, hours worked the week of filing, and historical salary totals.
• The starting and ending dates of your last job (or jobs if you had more than one employer in the last 18 months)
• If non-citizen, have your alien registration number and expiration date
• If you worked during the week you are filing your claim, be sure you know the gross amount (total dollars and cents before any deductions) of your pay before filing

Claim Weekly Benefits

Every week, you must file for weekly benefits once you have been declared eligible. The purpose of filing weekly is to verify that you are still unemployed under the same circumstances in which you applied.

How to Claim Weekly Benefits

To file a weekly claim, you will go to the New Mexico Workforce Connection website or phone number accessed to submit the initial application. The first week that you are eligible is called the waiting week, and you will not be able to receive benefits. After the initial week, you will verify your unemployment status by providing information on your work search efforts and claiming any wages earned through part-time employment, retirement or severance during the specified period. Even if you have not received wages, you must report any wages earned during that week. Claims must be filed weekly in order to remain eligible to collect unemployment insurance benefits

You will also need to confirm that you have been available to work and that you have not turned down any viable job offers or leads. Once the certification has been granted, payment will be given through direct deposit or debit card depending on the selection made during the initial application.

Claim Denials or Discrepancies

The New Mexico Department of Workforce Solutions reviews all unemployment claims and makes a determination of eligibility. Even with the qualifications listed above, there are additional scenarios that could cause someone to be denied benefits.

• Labor dispute - In some instances, participating in a strike or labor dispute could be justification for denying benefits.
• Overdue child support payment - Those that owe child support may have their unemployment benefits withheld and routed to the Child Support Enforcement Division.
• Fired for Misconduct or Disobedience - If you become separate from employment for failing to follow company policies, or gross misconduct, you cannot collect unemployment insurance.
• Failing to report alternate forms of income - If you are receiving payments from a settlement, 401K, or pension, then you might be asked to repay back unemployment benefit funds received and deny ongoing benefits.
• Employed by an educational institution - You are not able to file for unemployment benefits during summer vacation unless you have been told that you will not be rehired or your contract will not be extended for the new school year.

If it appears that someone has attempted to collect unemployment benefits fraudulently, they will be ineligible to receive benefits for one year, be required to pay back any benefits received up to the point of discovery and may be at risk of facing criminal penalties.

Appeals Process for Denied Claims

Once a decision has been determined, you can appeal the determination within 15 days from the issue date. To make an appeal, you will request a hearing with the Appeal Tribunal.  

Traditionally, the appeal will be done over the phone, and strict guidelines will need to be followed, which are provided on your determination letter. You can utilize an attorney or call witnesses to prove your case. Any documentation that will be used to prove your case will need to be submitted 48 hours before the hearing to the appealing party and the Appeals Tribunal. Documents submitted must also have a label that includes the appeal number, date of the hearing, and the assigned judge’s name.

If you find that you do not agree with the decision made on the initial appeal, you can request the Department’s Cabinet Secretary to review the case. The appeal will need to be filed within the 15-day window and be accompanied by details around why you do not agree with the decision. The Secretary can send the appeal to the Board of Review or make a decision independently, but a hearing will not be required. They will instead review the evidence provided and determine if the initial decision was in line with the rules published by the NM UI Handbook.

It is important that throughout the appeal process, you continue to file for weekly benefits. If the decision is made in your favor, then you will receive the unemployment funds owed at the end of the appeal process, but only for the weeks you requested. On the other hand, if you were initially receiving benefits and your previous employers was the appealing party, and the decision was made to deny eligibility, you may be asked to return benefits.

Office of Appeals Contact Information

You may contact the Office of Appeals by calling the following numbers:

• 1-800-227-7325
• 1-800-545-0533 (outside New Mexico)