Legal Question in Employment Law in California

employer misrepresentation

I accepted a job with a company with a verbal contract not a written one. At the time I accepted the position I was told that they could not give me the dollar amount I needed to survive on however, they would give me a raise after 30 and then get me to the dollar amount specified after my 90 days was completed. With this information I borrowed money to help me get by till the 90 days was up and moved myself and my son to a new town. After 150 days or so they have finally discussed with me my 90 day review. Now, they deny ever saying they would give me the dollar amount specified. That I shouldn't have agreed to take the position if I couldn't afford to work for them at the dollar amount they offered. Before I was hired they asked me to come up with a dollar amount that would keep me from living paycheck to paycheck and that's the dollar amount I gave them. The question I have then is '' What can I do to fight this since nothing was in writing?'' I have moved my son and myself someplace where we don't have family or know people and I wouldn't have even excepted the job if I wasnt' actually told I would receive that dollar amount, I had other opportunities for work. Can you help?


Asked on 3/23/03, 12:46 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: employer misrepresentation

As they deny the promise, and if you have no witnesses or documents proving the agreement, you won't likely succeed in your claim. IF you thought hiring an attorney to threaten them would shake loose the salary promised, you could run that bluff.

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Answered on 3/24/03, 10:41 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: employer misrepresentation

I take it that you moved from another place to where you are now based upon the representation made to you. I also take it that you gave up pay on the promise that you would receive more. Please give me a call tomorrow to discuss this further. -Robert F. Cohen, Esq., (310) 858-9771

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Answered on 3/24/03, 10:50 pm


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