Legal Question in Employment Law in New Mexico

My daughter's employer states they are required to secure a certain number of credit applications from retail customers per how many hours the employee works. The employees are paid an hourly wage and given an extra $2.00 for each credit application they get. If the employee does not meet this quota they are threatened with termination. This "rule" is not in the employee's handbook, it is verbally communicated after hiring.
Is it legal for this employer to require this kind of performance of an employee? My point is that obtaining credit applications in today's economy is very difficult. A customers' decision to apply for a credit card is not within the control of the employee. Working under these conditions is very stressful to my daughter but she really likes working there but is considering trying to find another job.
My daughter is an excellent employee. She reports to work when scheduled, does not call-in sick, and performs her job duties above expectations.
We live in New Mexico and the employer is Sears.

Asked on 10/28/10, 8:15 am

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

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NM is an"employment-at-will" state. Absent a written employment contract, any employee can be terminated for any reason or no reason at all.

Answered on 11/17/10, 12:18 pm

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