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If your California employer made false promises to convince you to take your job or prevent you from leaving to pursue other opportunities, you might be able to bring a fraudulent inducement lawsuit against them for compensation for the harm you’ve suffered.
The following answers the most frequently asked questions our experienced employment law attorneys get about fraudulent inducement claims in the employment context. If you have additional questions about false promises from your employer, contact Gomez Trial Attorneys today to schedule a free consultation.
If you were hired under false pretenses or convinced to stay at your job because of false promises, you may be able to file a civil lawsuit against them for compensation. Lawsuits of this kind are based on fraud or misrepresentation. To win an employer fraudulent misrepresentation case, you must prove the following:
In California, cases, where employer fraudulent misrepresentation convinced the employee to relocate are the strongest claims for fraudulent inducement of employment. California Labor Code § 970 expressly prohibits employers from persuading someone to relocate for work by knowingly making false representations about the work the employee will perform, how long the work will last, compensation, the sanitary or housing conditions relating to or surrounding the work, or certain prior labor disputes.
Some common example scenarios involving false promises by an employer that may be actionable include:
The above are just common examples; they are not a limitation on how a fraudulent inducement claim might arise. Every case is unique, and it is best to consult with an experienced employment law attorney to determine whether you can take legal action against your employer.
No, you do not need an employment contract to sue your employer for fraudulent inducement of employment. If your employer memorialized their false statements in a letter or employment contract, that would help you prove your case, but these express statements are not common. Statements of false inducement are usually verbal.
Yes, you can sue for fraudulent inducement if you are an at-will employee. The at-will status allows your employer to let you go at any time without notice (and allows you to leave at any time without notice), but it does not give them carte blanche to make false statements to you that you rely on to your detriment.
In the case White v. Smule, Inc., 2022 WL 503811 (Cal. Ct. App. 1st Dist. 2022), one of California’s appellate courts explicitly held that the employer could not avoid liability for fraudulently inducing an employee with statements about its planned expansion and need for an experienced project manager merely because the employment relationship was at will.
If you accepted a job based on the false promises of your employer, contact the employment lawyers at Gomez Trial attorneys at (619) 237-3490 or here to schedule your free case evaluation.
John Gomez founded the firm alone in 2005. Today, John acts as President and Lead Trial Attorney. He has been voted by his peers as a top ten San Diego litigator in three separate fields: Personal Injury, Insurance and Corporate Litigation. Since 2000, he has recovered over $800 million in settlements and verdicts for his clients with more than 160 separate recoveries of one million dollars or more. A prolific trial lawyer, John has tried to jury verdict more than 60 separate cases.
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