New Mexico State Employers Cannot Avoid Private USERRA Claims

In Ramirez v. State of N.M. Children, Youth and Families Department, filed on April 14, 2016, the New Mexico Supreme Court ruled that a New Mexico National Guard member could assert a claim against the state as the employer under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). The ruling reversed the decision of the New Mexico Court of Appeals, which had held that state employers were immune to such suits, and reinstated the trial court's judgment and award in favor of the employee. The decision in Ramirez impacts New Mexico State employers, which the New Mexico Supreme Court determined can be held liable under USERRA.

USERRA's Application to New Mexico State Employers