Legal Question in Employment Law in California

Termination

I was heavily recruited by a competitor from another company where I was doing well, after 3 weeks and of these 3 weeks, 6 full days in the field, he felt that I had misrepresented myself and terminated me, there was no warning and although I had already achieved 35% of my monthly goal with at least 7 working days left and had helped to fix several operational issues the sales department had struggled with for quite a while, he felt that ''he needed to cut his loses.''

I was not given any opportunity to discuss this and now I find myself without a job at the worst time and without any real prospects? I had a great paying job and an established clientelle and I started to bring them on board, now not only am I without a job, by my credibility with these clientes is at great risk......

Do I have any legal recourses? Thank you for your response.


Asked on 12/23/03, 3:16 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Termination

The recruiter might have misrepresented to you the nature of the job, inasmuch as you assumed you would hit the ground running where, in fact, it took you time to resolve operational issues that he/she didn't tell you about. Therefore, to your detriment, you left the old job to take a job that was misrepresented. You might allege fraud and/or negligent misrepresentation if you were to bring a lawsuit. You would know better, though, how a lawsuit would affect your standing in your industry. Good luck!

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Answered on 1/02/04, 4:36 pm
Terry A. Nelson Nelson & Lawless

Re: Termination

You could claim breach of contract and fraud against the hiring company and recruiter if you can show they misrepresented the job. The strongest claim would be if the recruiter and company contacted you, rather than you contacting them. If they convinced you to give up a job, they have an obligation to honestly portray the job. Contact me if interested in discussing what action you can take.

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Answered on 1/02/04, 6:06 pm


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