New Jersey Employment Misrepresentation Lawyers
If you are a professional who has gained respect in your field, no doubt companies will attempt to recruit you. Unfortunately, some corrupt employers use fraud and bait-and-switch tactics to lure high ranking workers into positions, only to have the job turn out to be something completely different. Misrepresentation, bait-and-switch tactics, and fraud are illegal in job recruitment and hiring in New Jersey. If you have been victim to employment fraud, you may be entitled to compensation.
The New Jersey employment law firm of Aiello, Harris, Marth, Tunnero & Schiffman, P.C. represents employees who have been subjected to misrepresentation. Our attorneys are committed to protecting the best interests of employees throughout New Jersey.
What is misrepresentation in New Jersey employment law?
When an employer knowingly makes false claims or representations about a job position or the company itself to a job applicant, and the promises turn out to be untrue, this is misrepresentation. The claims could involve any aspect of employment, or the actual company.
There are two types of cases in this scenario: misrepresentation and fraud. Fraud is a more serious charge because it involves a malicious intent to deceive. Misrepresentation occurs when there is no malicious intent. While a misrepresentation may have been made recklessly, negligently, or intentionally, there was no provable intent to harm. When alleging fraud, however, you must prove the employer intended to harm the employee by providing false information. In general, fraud is harder to prove since you need solid evidence to show the state of mind of the accused.
Examples of misrepresentation and fraud in NJ
Misrepresentation in the workplace takes on many forms.
Employers may make false promises of:
- Stock options
- The job position itself
Additionally, hiring managers might also make false claims about the business as a whole, such as:
- The company’s profits
- A potential buy-out, joint venture, or takeover
- The company’s longevity
- Opportunity for promotion
One of these scenarios might be that the company is in talks to be sold to another business. When a prospective applicant asks about a potential sale and layoffs, the hiring manager denies the allegations although a deal is already in progress. The company gets sold, and the employee is laid off shortly after starting their job.
Bait-and-switch tactics in New Jersey employment
Bait-and-switch is the terminology used to describe luring into potential job candidates with exciting offers, only to have the offers revoked or the terms of your employment be dramatically different than what is promised. In some instances, you are given a relocation bonus, only to be told later you must repay the money. Or you are promised a certain amount of commission but really the commission is lower than expected. In some instances, you were lied to about the working hours, corporate culture, or other important aspects of the position.
A common example is being offered a job. Then, it turns out you are actually being hired as contractor for a period of time, with a promise of additional compensation or a full-time job. You were never told about the probationary period or the starting lower compensation. In some cases, the additional compensation never comes.
Contact our New Jersey employment misrepresentation lawyers
Accepting a job under false pretenses can be devastating. You may have left another job, relocated, or made other major life changes to accept the position. At Aiello, Harris, Marth, Tunnero & Schiffman, our New Jersey employment lawyers are ready to fight for you. Call us today at to (908) 561-5577 or contact us online to schedule a free initial consultation.