Legal Question in Employment Law in California

I applied for a job within the company I was already employed. I was assured that the position was safe and as soon as I walk in the door everyone was asking me what I was doing here. I asked why? They said this plant is shutting down in a year. I called HR and tried to get my old job back as it was safe. My supervisor would not let me go back to my old job because it would cause the other employees to have to work overtime. This is a fortune 500 company. Do I have a case?


Asked on 7/16/16, 9:37 am

1 Answer from Attorneys

Frank Pray Employment Law Office of Frank Pray

Your case is identified technically as "fraudulent inducement." The key points of proof are: 1) a promise or affirmative representation, or failure to disclose a material fact; 2) made by a person with ostensible authority to make the representation on behalf of the company; 3) Your reliance on the information / promise; 4) that your reliance was reasonable for a person in your position at the time; 5) that you took action to your detriment because of the promise; 6) that the person making the promise knew or should have known of the detriment you would incur; and 7) your financial and emotional injury as a result. The key California case in this area of law is Lazar v. Superior Court. Recent case law has given you the option of electing a measure of damages: either the money you would have earned in the new job, or the money you can no longer earn because leaving the old job. Factually, it appears the "old job" measure is the better one for you. You should seek the assistance of an experienced employment law attorney to preserve your rights.

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Answered on 7/20/16, 8:56 am


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