Job Doesn’t Match Description
Sometimes it occurs with the job itself. They may write a job description that doesn’t actually match what the employee will be doing. They may leave out less enjoyable aspects of the job, or they may give the employee an entirely different job than the one they were advertising.
Pay and Benefits
When benefits are first discussed what the employer tells the potential employee is what they believe they will receive if they are hired. When it comes time to sign the employment papers, however, the terms may be quite different than what was originally discussed.
Policies also may be glossed over or misrepresented. The employer may say he is patient and kind to his employees, and only asks they do their best, but the employee handbook may say that an employee can be fired if they aren’t meeting performance standards. This is why potential employees need to read everything before they sign it, even the employee handbook.
Breach of Contract
If a job was intentionally misrepresented, the employee may have legal recourse. The first is breach of contract. If you had a verbal agreement, it may be enforceable. However, most of the time a written contract overrides a verbal one, so if the issue is mentioned in the written contract you may not have a case.
Promissory estoppel means that the employee did something because of promises from the employer. If an employee left their current job or relocated, a judge may rule that any promises the employer made can be treated as a contract. The employee must have suffered damages for promissory estoppel to be enforced.
Alaska Democratic Party vs. Rice
Mrs. Rice was offered employment with the Alaska Democratic Party. She left her current job, and she moved to Alaska to accept the job. After Rice had made the move, the offer of employment was withdrawn. Mrs. Rice sued and with the help of an employment attorney, she was awarded over $30,000 in damages due to promissory estoppel.