Taking Your Claim To Court
You can make a legal claim for “fraudulent inducement of employment” if the employer has defrauded you into staying at a job or taking a new job or position. As long as the change is based on the employer’s false statements, you have a claim.
You will need to prove:
- The employer’s intention
- The misrepresentation
- How the promises made you decide to take or leave a job
- How you relied on the false promises
- The amount of damages you suffered
The false promises must be intentional, which can be hard to prove. Often employers say they made a mistake or a misstatement, and without a record of the conversation, an employee can be in a “they said/I said” argument with no proof.
You might have a hard time proving you believed a promise if it is unreasonable or outlandish. A judge is unlikely to believe you took a job after you were promised triple the normal salary for the role or a private jet, for example.
Having a record of the meetings, emails, promises, phone calls, messages, letters, etc. can go a long way in court to prove your case. Keep in mind each state has laws on recording conversations without one or both party’s consent.
G False Statements About Co
Making false statements about coworkers or the employer may or may not be misconduct. Title 22, Section 1256-34 provides:
An employee who willfully makes false statements which relate to work records, other employees, the employer or the work, and which substantially injure or tend to injure the employer’s interest or are a substantial violation of the employee’s duty and obligation to the employer has engaged in misconduct.
Thus, making false statements about coworkers or the employer is misconduct if the following two conditions are met:
- The false statements are wilfully made.
- The false statements substantially injure or tend to injure the employer’s interests or are a substantial violation of the employee’s obligation to the employer.
But under what circumstances are false statements considered wilfully made? Title 22, Section 1256-34 explains:
False statements are willful when made with the employee’s full knowledge of falsity, or made when the employee does not believe the statement is true, or made carelessly when the employee does not care whether the statement is true or not and has no basis for believing that the statement is true.
A false statement is therefore considered to be made wilfully whenever one of the following applies:
Check Your Company Policies
If you hope to sue an employee for a misdemeanor, analyze your companys policies and rules. Hire a lawyer to check over your documents to be sure that there is no loophole that may cause you to lose a case against an employee. Employment law leans heavily for the employee. Therefore, you need to be sure that your case is solid before you move to pursue legal action.
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Violating No Raid Provisions
It is common in many industries for an employee to leave a company to go work for a competitor. However, if two or more employees leave an employer to work for a competitor all of a sudden, it may be that one of the employees persuaded or solicited co-workers to terminate their employment and move as a group to the new company. Oftentimes, an employer will have a no raid clause in the employment contract, which prohibits any type of solicitation of other co-workers to terminate their employment and move to another competing employer. If this type of action is discovered, an employer may have legal grounds to sue the employee responsible for the sudden exodus of employees under breach of contract.
AN EMPLOYER MAY SUE AN EMPLOYEE FOR
What Are The Penalties For Unemployment Insurance Fraud
All states are required to assess a penalty of not less than 15% of the amount of the fraudulent payment. Other penalties under state unemployment insurance laws generally include criminal prosecution with fines and/or incarceration required repayment of fraudulently collected benefits forfeiting future income tax refunds and/or permanent loss of eligibility for unemployment compensation. Commission of unemployment benefit fraud may also be prosecuted by the U.S. Department of Justice in federal courts under 18 U.S.C § 1341 or other appropriate federal statutes.
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Can I Sue My Employer For Lying To Me
. Besides, can you sue an employer for lying to unemployment?
Usually one doesn’t sue their employer for lying to the EDD. Given the facts that you stated, you may have a case for wrongful termination, i.e. retaliation for questioning illegal activity of superiors.
Also, can an employer lied about reason for termination? It’s not illegal for an employer to fire an employee, even for a reason that seems unfair or unjustified. And, an employer can legally lie about the reason for termination. But, the employer cannot legally fire anyone for a reason that breaches a contract or violates the law.
Accordingly, can you sue for false job offer?
2 Answers. One case of a “false promise” suit from an employee to an employer can be seen in the “Toy Yoda” suit, which was settled out of court in favour of the employee. Therefore, at least in some cases, it is possible to sue an employer for false representation, especially if such claims are clearly made.
What to do when your boss tells lies about you?
If you choose to confront your boss, provide a face-saving escape. Avoid labelling the deceit as such, and do not be accusatory. Take proactive steps to try to prevent your boss from lying to you again. Be explicit about your moral code and build strong relationships.
What Doesnt Count As Wrongful Termination
Most workers in the United States are employed at will, which means that their employers can fire them for any reason, or no reason at all, provided that the reason isnt discriminatory.
This means that it’s usually legal for your employer to terminate your employment unexpectedly, without advance warning, and to decline to provide a reason for your termination.
In fact, many employers choose to offer as little notice or explanation as possible, even going so far as to characterize the termination as a layoff, rather than take the risk of violating the law by providing a reason that later turns out to be discriminatory.
They are also not obligated to provide you with an opportunity to correct issues pertaining to your work performance before terminating your employment.
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Examples Of Wrongful Termination
Per federal law, its illegal for employers to discriminate in hiring, firing or promotion on the basis of:
- Sex or Gender
Workers can also sue or file a charge with the Equal Employment Opportunity Commission if they are sexually harassed at work, fired for being a whistleblower, subject to constructive discharge , or made to endure a hostile work environment.
To sue your employer for discrimination, you must first file a charge with the EEOCunless you plan to file a lawsuit under the Equal Pay Act. In that case, you can sue without obtaining a notice of the right to sue from the EEOC.
Sue Your Employee For Failure To Provide Reasonable Notice Of Resignation
Although most jobs are at-will, an employees quitting may leave the business in the lurch. It is mutually beneficial for the employee and company for the employee to provide reasonable notice. However, this situation largely deals with workers who hold senior positions at a particular company since replacement will be difficult.
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Can I Sue My Employer For Unfair Treatment
You’ve watched people of the same or lesser experience get promoted while you stay in the same position. You always get the weekend shift while your colleagues get the weekend off. You got fired because your boss had to let someone go and she liked you least. There are countless examples of actions at work you might consider unfair. But does that mean you have a legal claim against your employer? Unfair treatment at work can be demoralizing, but not all acts you might consider unfair or inequitable are actually grounds for a lawsuit. In todays posting, well talk about some of the common types of unfair treatment at work that can lead to a lawsuit against your employer.
What Happens When Your Unemployment Claim Is Contested
If your employer contests your claim for unemployment, your case will be reviewed by an investigator from your state department of labor. The investigator will analyze the information provided by the employer and may interview the employer to gather additional insights.
You may be contacted to answer some questions about the circumstances surrounding your separation from the job. Make sure that you respond quickly, thoroughly, and honestly to any requests for information. The staff from the unemployment office will then make a determination on whether or not you are eligible for benefits.
If you are accepted for benefits, the employer can still request a hearing to appeal the decision. If you are denied benefits, you will receive written notification of that decision, which will include information regarding the appeals process and the deadline for filing an appeal.
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How Much Back Pay Can I Win
That depends on how much has been stolen from you.
For successful wage and hour claims, the FLSA says that employers have to repay all the wages that went unpaid.
Then theres liquidated damages, a sum equal to those unpaid wages. If the court finds that your employer failed to pay you minimum wage or overtime, it can award you both unpaid wages and liquidated wages double the wages you are owed.
But your employer may be able to get out of paying the liquidated damages, by proving they violated the FLSA accidentally, that they had every intention of paying you properly but just made a mistake. In that case, youd still get the unpaid wages portion, it just wouldnt be doubled.
Courts often include damages to cover your attorney fees and court costs, too. In addition, punitive damages, as a way of punishing your employer, may be available if you can prove that they fired you in retaliation for filing your lawsuit, but this is controversial.
What Is Unemployment Insurance Fraud
Employers and claimants can both commit fraud under state unemployment insurance laws.
Employer fraud can include certain actions to avoid tax liability or establishing a fictitious employer account to enable fraudulent claims against that account. Claimant fraud can include knowingly submitting false information continuing to collect benefits when knowing oneself to be ineligible not being able and available to work while certifying for benefits under state law or intentionally not reporting wages or income while collecting full benefits. Additionally, identity theft may result in unemployment insurance fraud that is not the fault of the employer or the identity theft victim.
The state is required and expected to enforce its own unemployment insurance laws.
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E Conversion Of Employer’s And Others’ Property
This subsection discusses discharge resulting from the wrongful or unlawful taking of the property of the employer, fellow workers, as well as property which does not belong to the employer but which has been placed in the employer’s care or to which an employee has access because of the work. The wrongful or unlawful taking of property which has been entrusted to the employer in the course of his or her business is in no way different from the wrongful or unlawful taking of the employer’s own property.
There is no doubt that conversion of the employer’s and others’ property is misconduct. In P-B-57, the Board held that misappropriation of an employer’s property by an employee is conclusive evidence of misconduct because such conduct evinces a wilful or wanton disregard of the employer’s interests.
Title 22, Section 1256-34 also provides:
An employee’s theft or unauthorized possession or use of noncash property of the employer, other employees, or customers is misconduct.
Example – Unauthorized Use of Customers’ Property:
The claimant was an auto mechanic. The employer’s rule provided that the use of employer’s or customers’ cars for personal business, such as going to lunch, was prohibited. The claimant was aware of this rule.
Less than one week prior to the final incident leading to his discharge, the claimant received a warning and counseling over his taking one of the employer’s automobiles home over the weekend without authorization.
Employers Need To Keep Their Promises
Recruiters and managers may make jobs sound better than they are to attract top talent. Keep in mind you have rights, and nothing gives an employer the right to:
- Pay you less than you agreed or not pay you enough under the law
- Provide unsafe working conditions
- Take away vacation time or benefits that are in your contract
No matter what the details are, an employer can form a valid contract with you if there is:
If the performance that was guaranteed is not met, the employer has breached the contract. Contracts can be written or verbal, and a judge will take a contract claim seriously.
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Sjz Member New York Bar / Freeadvice Contributing Attorney
Answered 2 years ago | Contributor
The now ex-employee can appeal the denial of unemployment. He or she should provide any evidence, documentation, etc. of the timing or reason for termination–such as if there was an email or text message with the reason you quoted–or be prepared with any witnesses who can back up his/her version. If he/she can prove the company was lying or changed their story, he or she can get unemployment. Instructions for appealing denials can be found on the unemployment office’s website.
IMPORTANT NOTICE: The Answer provided above are for general information only.The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person.Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcomeor an attorney’s conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not beauthorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike theinformation in the Answer above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.
Why Your Claim May Be Contested
Each state sets a requirement for the time a job must be held and the total of wages the employee had to earn. States also set the no-fault conditions that qualify for you losing a job and will allow you to be eligible to receive benefits.
Employers will receive notification of a claim filed against them. They will be able to review the information presented by the ex-worker and disagree with any items listed.
Some typical reasons for unemployment disqualification include when an employee is fired for cause or misconduct, when the employee quits, when the person didnt have enough hours or weeks of employment to qualify, or when they were considered a contractor rather than an employee.
Examples Of Fair Grounds For Dismissal
Your dismissal from your job may be fair if your employer can prove itresults from one of the following:
- Your capability to do the job
- Your competence to do the job
- Your qualifications for the job
- Your conduct
These fair grounds for dismissal are set out in Section6 of the Unfair Dismissals Acts.
Your employer must also prove they followed fair proceduresread about Fair procedures below. Your employer must also prove that anyallegations you have made that you were unfairly dismissed are untrue.
Should Your Company Contest The Claim
Your state’s unemployment office — not your company — will ultimately decide whether a former employee can receive unemployment benefits. You do, however, have the option of contesting an employee’s application for unemployment benefits, and that option gives your company a great deal of power. In California, for example, the unemployment board presumes that a terminated employee did not engage in misconduct that would disqualify the employee from getting unemployment benefits unless the employer contests the unemployment claim. Thus, in California, terminated employees who claim unemployment benefits receive them unless the former employer contests the claim.
Remember, there is no reason — and there are no grounds — to contest an unemployment claim if the employee was laid off. There are also no grounds to contest the claim if the employee did not engage in misconduct but was fired for lesser reasons — for instance, for sloppy work, carelessness, poor judgment, or the inability to learn new skills.
Even if an employee engages in misconduct, your company might want to give up its right to contest an unemployment insurance claim as part of a severance package, especially if the fired employee seems likely to sue. In other words, your company would agree not to contest unemployment benefits and the employee would agree not to sue your company.
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