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Left a 8 year career, moved to LA after being offered a job I feel was given under false pretense.

Los Angeles, CA |

I was living near near Seattle working for FEMA as a Disaster assistance Employee within IT/Network management for about 8 years. However I decided that finding a stable job with no travel requirements would be beneficial to my life. So I applied to a agency in Downtown Los Angeles. I was offered the job and then declined when the pay, benefits and other compensation where made known to me. However I was then given this statement "I don't recall if I mentioned this during our interview, that we are working on building a strong IT team here in LA which will soon require a managerial/supervisory role. This is potentially an opportunity for you to grow in both position, and most certainly salary." However after moving and taking the job, this appears to have never been a possibility.

Attorney Answers 4

  1. An employer's fraudulent inducement to a potential employee to relocate is a serious matter. By statute, the employer is liable for treble damages.

    The problem is proving the fraud. The statement to you was oral, and you would have to prove that they did not in fact contemplate what they said. Nonetheless, you still should consult a lawyer who can discuss the risks and rewards of litigation.

  2. Under Labor Code 970 and 972, an employer who induces an employee to move into or out of California based upon false representations of working conditions, salary, etc. is liable for double damages. In addition, you may have a fraud in the inducement claim.

    However, fraud claims based upon oral representations are more difficult to prove, because the defendant will typically dispute that the representation was made. You should look to see if that statement was confirmed in any email or other writings.

  3. My colleagues have addressed the (depression-era) statutes about luring people to California for (non-existent) jobs and the difficulties in proving fraud. Add to this that you appear to be contemplating suing a government agency and you face even more legal/administrative hurdles. It does not seem like a strong case to me, but other attorneys may differ.

    The above is general legal and business analysis. It is not "legal advice" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also terms and conditions item 9, incorporated as if it was reprinted here.

  4. "I was offered the job and then declined when the pay, benefits and other compensation where made known to me." This statement is inconsistent with your final statement that you moved and took the job. If you actually took the job, I agree that you should personally seek the services of an attorney who can review the facts with you. However, IMO, your case is weak if this is your evidence. There are, in all probability, facts not stated that undercut your alleged claim. IMO, this email fails to meet the higher standard of proof required, i.e., clear and convincing evidence of fraud.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for general information only. They are not legal advice. Answers must not be relied upon. Legal advice must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference

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