Jones, OK asked in Employment Law and Real Estate Law for New Mexico

Q: What do I do if I am a first year teacher and my principal is refusing to give me my final paycheck?

The principal says I have to come in and hold an IEP meeting before getting my check. School ended on May 23rd and our Special ed coordinator closed down our files on the 24th.

1 Lawyer Answer
Trent A. Howell
Trent A. Howell
  • Santa Fe, NM
  • Licensed in New Mexico

A: In general, an employer must, on regular, bi-monthly paydays, fully pay employees for all work done within the prior two weeks. NM Stat § 50-4-2 (2015). If the employee is discharged, the employee must make the payment within five days of the discharge. NM Stat § 50-4-4 (2015). If the employee quits, the employer must make the payment by the next regular payday after the employees quits. NM Stat § 50-4-4 (2015). If the employer fails to do so, there may be penalties.

This is not legal advice to you, but a general idea of the law. Whether and how it applies to you would depend on the details of your employment.

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