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Salt Lake City, UT asked in Contracts and Employment Law for New Mexico

Q: Can I be compensated if hired and sent home without explanation?

I was hired as a Recycling Sorter under a contract agreement, but I was sent home before I could start working, with no explanation other than they've hired too many people. There was no discussion about compensation upon this cancellation. I've tried to resolve the issue with my employer, but they continue to send me home without pay. Can I be compensated under these circumstances?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: That situation feels deeply unfair, especially when you’ve committed your time and energy expecting to start a job. If you had a signed contract or offer letter outlining a start date or guaranteed hours, then being sent home without work may be a breach of that agreement. Even if it was an at-will arrangement, you may still be entitled to compensation for showing up and being ready to work.

In New Mexico, if you report to work as scheduled but are not allowed to begin, you may have a claim for "reporting time pay" depending on the details of your contract or the company’s policy. Some courts have also recognized implied promises when someone takes specific action based on an offer of employment, like leaving another job or traveling to the worksite. If the company continues to avoid the issue and leaves you without hours or pay, this could also be seen as bad faith in the hiring process.

Keep all documents related to your hiring—emails, offer letters, text messages—and write down exactly what happened each day you reported. If you're not being treated fairly, you may have legal grounds to recover lost wages or damages. You didn’t do anything wrong here, and it’s okay to hold your employer accountable when they mishandle people’s livelihoods.

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