Law Office of Arkady Itkin 

  • Home
  • Contact
  • About
  • Areas of Practice
  • Employment Law Blog
  • Injury Law Blog
  • Results
  • Links
  • Deposition Tips in Injury and Employment Cases
  • Filing Wrongful Termination Personal Injury Lawsuit
  • Mediation Tips and Advice
  • Sample Letter Request for Reasonable Accommodation to Disability at Work
  • Sample Letter Complaint about Discrimination / Harassment at Workplace
When potential employer breaks the promise to hire you... 05/03/2009
0 Comments
 

Imagine the following, not uncommon situation. You are happily or at least not unhappily employed at your office for a number of years. You are slowly building a career enjoying a decent salary, benefits and a retirement package. One day, a different employer approaches you with a tempting offer to quit your current job and work for him for a significantly higher salary and a number of other perks that make the offer all the more difficult to resist.

You decide to take a risk, quit your job in anticipation of being hired, and suddenly, for whatever reason, you find out the the new employer's plans to hire you fell through. You try to return to your previous place of employment but they have already found a replacement for your position. You are devastated. Not only did you lose a job through no fault of your own, but you are also not eligible for unemployment compensation benefits because you voluntarily quit. 

The above scenario has a legal remedy as it is considered fraud, fraudulent inducement and detrimental reliance. Proving fraud requires showing misrepresentation inducing reliance and damages. Lazar v. Superior Court (1996). An action for a promissory fraud may lie where the employer fraudulently induces the potential employee to enter into a contract. This would allow the aggrieved employee to recover compensatory damages (wage loss) as well as damages for associated emotional distress, pain and suffering, and possible punitive damages to punish the employer for fraudulent or reckless conduct. 

Add Comment
 

    RSS Feed

    San Francisco Wrongful Termination Lawyer

    Categories

    All
    Ada
    Administrative Exemption
    Age Discrimination
    At Will Employment
    Attorney Client Relationship
    Cfra
    Class Actions
    Constructive Discharge
    Defamation
    Defamation By Employer
    Depositions And Trial Testimony
    Disability Discrimination
    Disability Rights At Workplace
    Discrimination
    Discrimination Complaint
    Employee Employer Relationship
    Employment Contracts
    Extended Leave
    Facebook
    Feha
    Fmla
    Fraud
    Good Cause Termination
    Harassment
    Harassment At Workplace
    Harassment Complaint
    Hiring Job Interviews
    Hostile Work Environment
    Independent Contractors
    Interactive Process
    Investigation At Workplace
    Involuntary Illness Leave
    Jury Trial
    Legal Representation Of Employers
    Meal And Rest Breaks
    Mediation
    Medical Leave
    Negative Performance Reviews
    Non Compete Agreements
    Obesity
    Offduty Conduct
    Overtime Compensation
    Pregnancy Leave
    Racial Harassment
    Reasonable Accommodations
    Retaliation
    Sexual Harassment
    Time Cards
    Tips And Tip Sharing
    Unemployment Benefits
    Unemployment Benefits Appeals
    Union Grievances
    Vacation Time
    Violence Accusations
    Whistleblower Retaliation
    Whistleblowing
    Work Injury
    Work Related Injuries
    Working With Attorney
    Workplace Disability Laws
    Wrongful Termination

    Archives

    January 2012
    December 2011
    November 2011
    February 2011
    January 2011
    December 2010
    November 2010
    October 2010
    September 2010
    August 2010
    July 2010
    June 2010
    May 2010
    April 2010
    March 2010
    January 2010
    December 2009
    November 2009
    October 2009
    September 2009
    July 2009
    June 2009
    May 2009
    April 2009
    February 2009
    January 2009
    November 2008
    October 2008
    August 2008
    July 2008
    June 2008
    May 2008
    April 2008
    March 2008

    View my profile on LinkedIn

Law Office of Arkady Itkin - San Francisco & Sacramento Injury and Employment Lawyer