Legal Question in Employment Law in Oregon
My position was classed at a lower level after recruitment
I was recruited at an organization in January 2001 with the understanding that the position was classed at a high management level due to the span of control and accountabilties. Two months later, human resources reviewed the class level, determined it was too high and reduced the position several levels. This was not what I agreed to when I left my former management position and was offered to me by my new boss. I am now at the ceiling of my salary range after six months, with no opportunity for raises, etc. and reduced authority as well. This at the least seems to be a deceptive, unethical business practice, but is this legal? Under Oregon law can this occur with little recourse? What is your sense of the situation? Any suggestions would be helpful.
1 Answer from Attorneys
Re: My position was classed at a lower level after recruitment
The employer's conduct would give rise to a cause of action if the employer either (1) made a false statement of fact intending that you rely on it and you did to your detriment or (2) the employer made a specific promise and your reliance thereon was reasonable and foreseeable.
In the first case, you might have a fraudulent misrepresentation claim if other conditions are met. The key to this type of action is whether the employer knowingly made a misrepresentation of fact (e.g., intending to trick you into coming there).
The second claim is based on a theory of promissory estoppel. The key here is a sufficiently specific and concrete promise that was broken by your employer -- a promise which the employer should have known would be relied upon by you (i.e., because it was reasonable and foreseeable).
If no misrepresentation was made, or if situation simply changed, or if the statements made about the position were mere "puffing" and not specific or conrete, then most likely the employer did nothing legally actionable. Call me with additional questions.
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