Perez v. N.M. Dep't of Workforce Solutions

Summary

The New Mexico Supreme Court held that the Legislature must expressly designate a nontenured state employee position as a major policy‑making or advisory position before the employee is ineligible for unemployment compensation. Because the Legislature had not made such a designation for the positions held by Sandra Perez, Debra Griego, and India Hatch, all three are eligible for benefits. The Court applied the statutory standard of review for agency actions and interpreted the unemployment compensation statute liberally in favor of employees.