LegalMatch Free Legal Advice Forums  
Find A Lawyer Now!
Legal Forum
Go Back   LegalMatch Free Legal Advice Forums > Employment and Labor Law Forum > Employment Contracts
User Name
Password Register
FAQ Members List Calendar Search Today's Posts Mark Forums Read


  Find a Lawyer Now By Category:
  Family & Divorce Criminal Defense Job & Employment Personal Injury
  Real Estate Lawyers Immigration Business Lawyers Other Lawyers
LegalMatch is Fast, Free and Confidential
Not Ready To Hire an Expert Lawyer? Get Online Legal Documents
Reply
 
LinkBack Thread Tools Display Modes
  #1  
Old 12-17-2008, 01:01 PM
Junior Member
 
Join Date: Dec 2008
Posts: 3
Fraudulent Info Given While Being Hired

1234567890

Last edited by Morphy : 12-18-2008 at 01:47 PM.
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Find a Lawyer Now!
  #2  
Old 12-17-2008, 03:00 PM
Senior Member
 
Join Date: Nov 2006
Posts: 3,504
Send a message via AIM to GentleGrace
Quote:
Originally Posted by Morphy View Post
When I was hired for my current position, I was told my company had $200 million+ in revenue and expected to hit $300 million in 12 months. I have now found out actual revenues were less than $100 million and actually declining at the time I was hired. In addition, I was told I would be filling a role that has bene different from my actual role now that I've been with the company for a few months. Bait and switch. Are these factors grounds for getting me out of my obligations to repay re-location costs and/or get out of other obligations such as the non-compete?
Does the fact that they have less revenue than expected affect your job or your ability to do your job? With regard to the "role" question---if you were hired to deliver pizza ( for examples sake ) and you ended up, instead, hanging gutters, obviously, there is a big disparity. Did you sign a contract which specified what your job description is to the exclusion of any other responsibilities?

Bait and switch is an idea that customarily deals with consumers who engage in a retail/purchasing situation, not in employment issues.
The bait and switch is a form of fraud in which the party putting forth the fraud lures in customers by advertising a product or service at an unprofitably low price, then reveals to potential customers that the advertised good is not available but that a substitute is.
The goal of the bait-and-switch is to convince some buyers to purchase the substitute good as a means of avoiding disappointment over not getting the bait, or as a way to recover sunk costs expended to try to obtain the bait. It suggests that the seller will not show the original product or product advertised but instead will demonstrate a more expensive product. Other advertising practices, such as the use of sales techniques to steer customers away from low-profit items, depend on many of the same psychological mechanisms as a bait and switch.

How do you see that as "bait and switch"?
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Find a Lawyer Now!
  #3  
Old 12-17-2008, 03:38 PM
Junior Member
 
Join Date: Dec 2008
Posts: 3
Quote:
Originally Posted by GentleGrace View Post
Does the fact that they have less revenue than expected affect your job or your ability to do your job? With regard to the "role" question---if you were hired to deliver pizza ( for examples sake ) and you ended up, instead, hanging gutters, obviously, there is a big disparity. Did you sign a contract which specified what your job description is to the exclusion of any other responsibilities?

Bait and switch is an idea that customarily deals with consumers who engage in a retail/purchasing situation, not in employment issues.
The bait and switch is a form of fraud in which the party putting forth the fraud lures in customers by advertising a product or service at an unprofitably low price, then reveals to potential customers that the advertised good is not available but that a substitute is.
The goal of the bait-and-switch is to convince some buyers to purchase the substitute good as a means of avoiding disappointment over not getting the bait, or as a way to recover sunk costs expended to try to obtain the bait. It suggests that the seller will not show the original product or product advertised but instead will demonstrate a more expensive product. Other advertising practices, such as the use of sales techniques to steer customers away from low-profit items, depend on many of the same psychological mechanisms as a bait and switch.

How do you see that as "bait and switch"?
I wasn't referring to the strict definition of bait and switch...more that that was the concept. Essentially I was lured to take a job that was misrepresented to me at my time of hiring. Re: the false revenue communicated by the company, had I known the true revenue and that it was declining, I would have never left another high paying job and moved my family across the country to take the new job. I also know that my company made similar misrepresentations to other recently hired employees. Is this grounds for any action on my part?
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Find a Lawyer Now!
  #4  
Old 12-17-2008, 08:59 PM
Senior Member
 
Join Date: Nov 2006
Posts: 3,504
Send a message via AIM to GentleGrace
Quote:
Originally Posted by Morphy View Post
I wasn't referring to the strict definition of bait and switch...more that that was the concept. Essentially I was lured to take a job that was misrepresented to me at my time of hiring. Re: the false revenue communicated by the company, had I known the true revenue and that it was declining, I would have never left another high paying job and moved my family across the country to take the new job. I also know that my company made similar misrepresentations to other recently hired employees. Is this grounds for any action on my part?
I don't see that how many millions they have or don't have affects your job. It may, but unless you can prove it somehow affects your ability to do your job, I am not sure what grounds you have.

Also, it would be your word against theirs, if you cannot prove they made those statements to which you are objecting now. Unless you can prove a written breach of contract, I don't feel you have any recourse.
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Find a Lawyer Now!
  #5  
Old 12-18-2008, 08:47 AM
Junior Member
 
Join Date: Dec 2008
Posts: 3
Quote:
Originally Posted by GentleGrace View Post
I don't see that how many millions they have or don't have affects your job. It may, but unless you can prove it somehow affects your ability to do your job, I am not sure what grounds you have.

Also, it would be your word against theirs, if you cannot prove they made those statements to which you are objecting now. Unless you can prove a written breach of contract, I don't feel you have any recourse.
I can prove the false numbers they quoted. If I based a large part of my decision to leave my previous company on the fact that my new company was in a rapid growth phase, wouldn't the fact that my decision was based on false financial data given during their recruitment give me some recourse? Thanks for your feedback.
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Find a Lawyer Now!
  #6  
Old 12-18-2008, 10:01 AM
Senior Member
 
Join Date: Nov 2006
Posts: 3,504
Send a message via AIM to GentleGrace
Quote:
Originally Posted by Morphy View Post
I can prove the false numbers they quoted. If I based a large part of my decision to leave my previous company on the fact that my new company was in a rapid growth phase, wouldn't the fact that my decision was based on false financial data given during their recruitment give me some recourse? Thanks for your feedback.

I am not sure they are responsible for the reasons you left your other job. In other words, you may have wanted to relocate, move to a different state, warmer climate ( these are just off the cuff examples). There is no guarantee that any company will grow or continue to grow, especially in the climate of the current economy.

What are you trying to accomplish? You want to be paid back for your moving cost and you want to quit? Unless some written contractual agreement was breached, I don't know how you could prevail in court. "understanding" is a subjective concept----what you understood , they will argue, is not what the said. Morally, ethically, they may be completely wrong. However, legally? Without a breach of a written contract, I am not sure how you will prevail in court.

Good luck.
Digg this Post!Add Post to del.icio.usBookmark Post in TechnoratiFurl this Post!
Reply With Quote
Find a Lawyer Now!
Reply

« Previous Thread | Next Thread »

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On




All times are GMT -7. The time now is 01:34 PM.

County Lawyers | Attorney Search by City
DWI Lawyers | Estate Lawyers | Criminal Lawyers
Expungement Lawyers | Business Lawyers | Government Lawyers | Family Law Lawyers
Real Estate Lawyers | Employment Lawyers | Bankruptcy Lawyers | Foreclosure Lawyers
Personal Injury Lawyers | Child Visitation Lawyers | Child Custody Lawyers
Immigration Lawyers | Landlord/Tenant Lawyers | Defective Product Lawyers | Christian Attorneys
Attorney Referral Services | Intellectual Property Lawyers | Bar Association Lawyers


Powered by vBulletin® Version 3.6.4
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
SEO by vBSEO 3.1.0
Copyright ©1999-2008 LegalMatch. All rights reserved. LegalMatch®, the LegalMatch
logo, and the tradedress are trademarks of LegalMatch. Patents Pending.