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I was hired under false pretenses! what do i do?
Anonymous4 views2 answers
when i was signing my new hire paperwork the HR person told me since i was budgeted for forty hours i was going to get health benefits and she gave me the papers to sign. i had a job at the time with full time hours no benefits that i had to quit. two weeks later i get a call from her saying that i was given the benefits by mistake and to throw away my benefits card that i had just recieved in the mail, and i also find out that she really meant that i was budgeted for forty hours every two weeks not the forty hours a week i was under the impression i had. ive worked two weeks now at forty hours a week and now they only want me to work twenty hours a week. so pretty much i quit my full time job for what really was just a part time job, and now im currently seeking a full time job
I'm sorry this happened to you, especially in this economy. You might contact your first employer and explain that you wish to return to work and see if it will take you back. Be prepared for a negative response, however; most employers will not be able to trust an employee who quit. They will expect the same thing to happen again.
Regarding the second employer: You may have a claim for promissory estoppel, which is recognized by most states. This doctrine allows a court to enforce a promise in the interest of justice if all of the following elements are present:
-- one party makes a gratuitous promise to another (that is, a promise it was not required to make, such as a job offer); AND
-- a second party changes its position, circumstances or actions in reliance on that promise (moves, quits another job, etc.); AND
-- that reliance was reasonable; AND
-- the second party was harmed due to its changed position, circumstances or actions.
Note this in this case, the court is enforcing the promise, not enforcing a contract.
In a promissory estoppel situation, a court could determine the (potential) employer was at fault for causing you to change your life in the expectation of a job.
Terms in an offer letter may make a difference. For example, the letter may contain "waffle words," such as "The employer can withdraw this offer at any time" or "This offer does not guarantee employment," or "This offer is contingent on passing a qualifying exam" or other similar language.
The interactions between the parties are also significant. It is helpful if there are written communications, such as e-mail messages, that show the employer knew you were relying on the promise. For example, if you told the employer that you were resigning your other job, relocating, or making other changes in your life because of your pending employment with the employer, these communications would support a claim for promissory estoppel.
The devil is in the details, so you must present your facts to an attorney in your state who can give you the dedicated attention your situation deserves.
To find a plaintiffs employment attorney in California, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org, and you can search for attorneys by location and practice area.
I hope you can resolve your situation and wish you the best.
I hope you can resolve your situation and wish you the best.
I agree with Marilynn's analysis. If you were induced by false representations and reasonable relied upon this, this may also consitute fraud. The problem will be that they will, no doubt, argue that they never promised 40 hours, benefits, etc. If you have something in writing from them with these representations, this would make your case stronger.
