Legal Question in Employment Law in California
Employment Fraud question
Is this considered fraud? I was recently hired as a seasonal employee for a large retail co. On the application I stated I was avail for both AM/PM shifts and wanted PT work - I am a housewife. However during orientation today I informed HR my avail had changed as I was hired for another PT position and hoped to change my hrs to PM shifts. HR told me I was hired based on my stated availablity and with my changing my hours it is considered fraud. How is this fraud since I had no intent to deceive and at the time of application was avail for those hours.
2 Answers from Attorneys
Re: Employment Fraud question
This would not amount to fraud because you didn�t have the requisite intent. Your status has changed since the application was submitted. In addition, I would find it extremely hard to believe that an employer would go after a seasonal employee for such a thing. Finally, I think that an employer should be very cautious when their employees throw around such potentially reputation damaging statements. The employer may find itself in a lawsuit for Defamation of character.
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Re: Employment Fraud question
in short the answer is No. You had a changed circumstance. You were available at the time you applied. Your circumstances changed later.
Good luck
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