Severance Pay in New Mexico: Calculator & 2026 Guide
Calculate your estimated severance package in New Mexico. New Mexico state tax is 5.9%, for a combined 27.9% withholding rate.
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Estimate your severance package based on your salary, years of service, and industry
New Mexico Severance Pay Laws
Federal WARN Act requires 60 days notice for layoffs of 50+ employees at companies with 100+ employees.
How Severance Is Taxed in New Mexico
| Tax Type | Rate | On $50,000 Severance |
|---|---|---|
| Federal (Supplemental) | 22.0% | $11,000 |
| New Mexico State Tax | 5.9% | $2,950 |
| Total Withholding | 27.9% | $13,950 |
| You Keep | 72.1% | $36,050 |
New Mexico Severance by Industry
Example: 5 years of service, $75,000 salary, individual contributor in New Mexico
| Industry | Weeks/Year | Gross Estimate | After Tax |
|---|---|---|---|
| Technology | 2-4 | $21,635 | $15,599 |
| Finance & Banking | 2-4 | $21,635 | $15,599 |
| Healthcare | 1-3 | $14,423 | $10,399 |
| Retail | 0.5-2 | $7,212 | $5,200 |
| Manufacturing | 1-3 | $14,423 | $10,399 |
| Consulting & Professional Services | 2-4 | $21,635 | $15,599 |
| Government | 1-2 | $7,212 | $5,200 |
| Nonprofit | 1-2 | $10,817 | $7,799 |
| Other Industry | 1-3 | $14,423 | $10,399 |
How to Negotiate Severance in New Mexico
In New Mexico, the standard federal WARN Act applies — 60 days notice for layoffs of 50+ employees at companies with 100+ workers.
- ✓ Ask for more weeks: Counter with 50% more than the initial offer
- ✓ Negotiate COBRA: Employer-paid health coverage for 6-12 months
- ✓ Get a written reference: Protect your future career prospects
- ✓ Review non-compete clauses: Negotiate restrictions before signing
- ✓ Consult a lawyer: Employment attorneys often negotiate 2-5x the original offer
Think Your Severance Is Too Low?
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New Mexico Severance Pay FAQ
Is severance pay required in New Mexico?▼
No, New Mexico does not have a state law requiring employers to provide severance pay. However, the federal WARN Act may require 60 days notice or pay in lieu of notice for large layoffs.
How is severance taxed in New Mexico?▼
Severance in New Mexico is taxed at 27.9% combined — 22% federal supplemental rate plus 5.9% New Mexico state income tax. On a $50,000 severance, you'd take home approximately $36,050.
What is the WARN Act in New Mexico?▼
The federal WARN Act applies in New Mexico, requiring employers with 100+ employees to give 60 days advance notice for mass layoffs of 50+ workers. Failure to provide proper notice can result in back pay for the notice period.
Can I collect unemployment and severance in New Mexico?▼
This depends on how your severance is structured. Some New Mexico workers can receive both simultaneously, while others may see a delay in unemployment benefits. If severance is paid as a lump sum, it's less likely to delay unemployment than if paid as continued salary. Contact New Mexico's unemployment office for specific guidance.
Severance Pay in Nearby States
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The exact steps employment lawyers use to negotiate higher severance. Used by 10,000+ employees.