Can You Sue Your Employer for False Promises
If your California employer made false promises to convince you to take your job or prevent you from leaving to pursue other opportunities, you may be able to bring a fraudulent inducement lawsuit against them for compensation for the harm you have 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.
Can You Sue Your Employer for False Promises?
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:
- Your employer represented to you that an important fact was true.
- The representation was false.
- Your employer knew that the representation was false when they made it or made the representation recklessly and without regard for its truth.
- Employer intended that the employee rely on the representation. You reasonably relied on the representation (e.g., accepted a job or stayed at a job you were going to leave).
- You were harmed; and,
- Your reliance on your employer’s representation substantially caused the harm.
What If I Moved Based on My Employer’s False Promises?
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.
What Types of False Promises from My Employer Are Actionable?
Common scenarios involving false promises by an employer that may be actionable include:
- You have two job offers. One employer promises to pay you $75,000, while the other promises $65,000. You take the higher offer, but after you accept, your employer only pays you $50,000.
- When you go to put in notice because you have found a better job, your employer tells you that you should not leave because they were going to promote you with a big salary bump in the next few months. Nine months go by with no promotion or pay increase.
- You live in San Diego, California, and a prospective employer offers you a job in their San Francisco office, promising that it will be a management-level role with quarterly bonuses that will more than make up for the cost-of-living difference. You relocate because of these promises and instead perform unstimulating non-managerial work and only get a small bonus after six months.
The above are common examples but there is 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.
Do You Need an Employment Contract to Sue for False Promises?
No, you do not need an employment contract to sue your employer for fraudulent inducement of employment. Express statements in a letter or employee contract could help prove your case. However, express statements are not common. Statements of false inducement are usually verbal.
Can I Sue for Fraudulent Inducement if I’m an At-Will Employee?
Yes, you may be able to 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 free rein to make false statements to you that you rely on to your disadvantage.
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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