Legal Question in Employment Law in California

In Oct of 2010 I was hired by a company out of Sacramento to be a exercise equipment technician. I accepted this position based on the fact I would have a company car and that I would be able to work from home in Modesto. I was also told that I would be making 16 to 18 dollars an hour. Before taking this job I was working the exact same position for a company out of Fresno that allowed me to work in my home town of Modesto. During the hiring process for this new company out of Sacramento I set very strict parameters on what I could do. I even documented these in an email that I sent the owner of this company prior to giving my 1 week notice at the job I held. My parameters where that I could not work in Sacramento. That I had to be able to work with company car out of my home town of Modesto. There were several reasons for this #1 I had primary custody of my son #2 my car was in bad condition and would not take the rigors of 170 miles roundtrip daily. During the hiring process these parameters were agreed on by the new employer. I was to get 16 to 18 dollars an hour, I was to get the company vehicle, and I was going to work out of Modesto. So I agreed to come to Sacramento for �a couple of weeks for training� then I would get my car and I would work from home. I came in DAY 1 I was told that they could only pay me 12 dollars an hour but they would adjust it after training. But there was no training. They asked if I could help out in there install department for a couple of weeks why they arranged everything. Install department is moving equipment from the warehouse to a location. So I thought no problem I could handle driving back and forth to Sacramento for a couple weeks to help out. However I never was moved back to the job I was hired for. I continued to work in the install dept until I finally had enough and quit a couple days ago. I asked every couple of weeks while I was there when I was going to be moved in the position I was hired for. The just kept saying were working on it be patient. I kept driving back and forth from Modesto to Sacramento. The hours worked (11-15 a day) in install along with being on the road 4 hours a day cost me my custody of my son. I could no longer be there for him. My wages were never adjusted to the 16 to 18 dollars an hour agreed on. I believe they hired me because I gave them information on my previous company that was competition in the same field. I do not believe they ever had a position open for me as a technician. They lied to me. It cost me my family and my previous job which was stable. Sorry about the length I just didn�t know how to explain it all. I was wondering do I have any legal recourse against this company?

Thank you


Asked on 1/06/11, 6:54 pm

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

Based upon the facts you describe, you may have a basis for a breach of contract and, possibly, a fraud claim, if the terms of the employment relationship can be proven to be agreed to and that the employer had no intention of living up to them. These can be difficult cases and are very fact specific, so you should consult with experienced employment law counsel in your area to assess the merits of your claims and what options you have available to you. I suggest you go to the website for the California Lawyers Association (CELA) and click on the member list to search for attorneys near you.

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Answered on 1/12/11, 10:31 am


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