Legal Question in Employment Law in California

Six weeks ago I accepted a job as a Production Supervisor. The hiring company paid the relocation fees to move me an my family to another state. The problem is, I haven't been able to "supervise" anyone. Last week they laid off all of the people under me and now expect me to be a hands-on machine operator. This involves a lot of physical work I am unable to do comfortably (repetitive heavy-lifting). There are only two of us left to run an entire shift. There was nothing mentioned about physical labor in the job description I accepted and I have not been allowed to perform any of the tasks that I signed up for.

I believe they are trying to make me quit so I will owe them the relo. I feel I was lied to and misled. I have decades of experience as a Plant Manager and would never have accepted a job as a machine operator had they been truthful with me.

Do I have any kind of a case for them not being truthful about the job (bait and switch) and/or compensation for losses including uprooting my family, wife quitting job to relocate and financial hardship this has caused by moving to a much more expensive state?


Asked on 9/23/10, 6:35 pm

2 Answers from Attorneys
Aryeh Leichter Leichter Law Firm, APC

You may have a claim under California Labor Code section 970, which prohibits an employer from inducing an employee to move to California for the purpose of working by making verbal, written, or advertised knowingly false representations about the kind of or existence of such work. Please give me a call at (213) 381-6557 or send me an email at [email protected] if you would like to discuss the matter further.

All the best,

Ari Leichter

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Answered on 9/28/10, 6:46 pm
Terry A. Nelson Nelson & Lawless

If you can demonstrate that they misrepresented the job to induce you to leave other employment and move to this area, yes, maybe you have a case for recovery of your damages. However, if they can defend and show that economic circumstances changed after you were hired, you have a problem. If you think you can overcome those two requirements, feel free to contact me. In any event, you circumstances are so changed, that your attorney may be able to negotiate some settlement or seperation package for you, based upon your claims.

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Answered on 9/29/10, 11:57 am


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