Legal Question in Employment Law in California

Misrepresentation of a job?

I was hired by a company on Dec 4, 2000. On Jan 4, 2001, they laid off over 500 people, including me. Is there anything that I can do, I feel as though they were wrong to hire me, setting expectations about my potential growth within the company and such. The company had to know they were in trouble before they hired me, yet they heavily pursued me. I feel silly writing, but I'm also screwed without a job. On top of that, they still have not sent me the Cobra paperwork, told me today they were ''getting around to it.'' Isn't that required by law?

Thanks for your time.


Asked on 3/16/01, 12:46 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Misrepresentation of a job?

You may have a fraud claim, if you can prove that the employer made material misrepresentations to induce you into taking the job. This is not always easy to do. You will also have to show you have been damaged monetarily. For example, if you quit a job to take this one, or turned down other job offers, you can show your monetary harm. If you did not have employment, and cannot show, with reasonable probability, you would be working elsewhere, your damages would be speculative and not likely to be awarded. The U.S. Dept. of Labor oversees COBRA compliance.

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Answered on 5/27/01, 4:29 pm


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