Legal Question in Employment Law in California
Hired into a specific position; later position phased out
I was hired as a supervisor for our collections dept. 45 days later I was notified all supervisor positions were being phased out, and all current supervisors were going to be placed as ''Senior Collector Representatives''. Pay would remain same, however job functions would be different. Issue: If I would have known upfront at the time of my hiring that the position of Supervisor was only temporary and or would be phased out in the upcoming months, I would not have accepted said job that is 70+miles from home. Two weeks after being hired I had received several other job offers, however, I turned those down because I thought I had found the job/company that best suited me at that time. Now I am in a position that I am not fitted for. Do I have any recourse against my employer? Misrepresentation at time of hire?
2 Answers from Attorneys
Re: Hired into a specific position; later position phased out
If the persons responsible for offering or approving your hire into the position you accepted knew it was temporary, or some other material fact that was concealed from you, you then would have the basis for a case of fraud or misrepresentation. Sometimes, proving what they knew and when they knew it is the tough part.
If you think the decision to phase out the positions was not made after you were hired, you can certainly explore with an attorney whether it is adviseable to pursue some form of legal action.
Among the factors you will want to think about is what harm they have caused you. So far, you have not lost any money and it may be possible for you to transition to another job without much loss in pay or benefits. Attorneys often negotiate with employers for severance agreements to assist in that transition and also determine what information may be relayed to prospective employers.
If you want to leave, but on your own terms, you can seek the assistance of a labor law attorney in your area to help you.
Re: Hired into a specific position; later position phased out
From the facts that you've provided, you probably do have a number of viable claims including: negligent or intentional misrepresentation, and possibly interference with economic advantage or fraud. It depends on whether the employer knew it would be eliminating the supervisor positions when you were hired, and the representations made about what your duties would be as a supervisor. Please give me a call if you'd like to discuss our Firm assisting you in pursuing any of your potential claims.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
