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

Asked over 1 year ago - 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. James Carl Eschen III

    Contributor Level 16

    4

    Lawyers agree

    Answered . 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. Brad S Kane

    Pro

    Contributor Level 18

    3

    Lawyers agree

    Answered . 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. Michael Charles Doland

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  4. Michael Raymond Daymude

    Pro

    Contributor Level 20

    Answered . "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... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,058 answers this week

2,924 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,058 answers this week

2,924 attorneys answering