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Employment Misrepresentation In New Jersey
Companies will undoubtedly attempt to recruit you if you are a professional who has gained respect in your field. 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. You may be entitled to compensation if you have been a victim of employment fraud.
The New Jersey employment law firm of Aiello Harris Abate, Law Group PC, represents employees subjected to misrepresentation. Our attorneys are committed to protecting employees’ best interests 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 New Jersey
Misrepresentation in the workplace takes on many forms.
Employers may make false promises of:
- Salary
- Commission
- Benefits
- Stock options
- The job position itself
- Hours
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 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. Sometimes, you are given a relocation bonus, only to be told later you must repay the money. Or you are promised a certain commission, but the commission is lower than expected. Sometimes, you were lied to about the working hours, corporate culture, or other essential aspects of the position.
A typical 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 lower starting compensation. In some cases, additional compensation is never provided.
Accepting a job under false pretenses can be devastating
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, Abate, Law Group PC, our New Jersey employment lawyers are ready to fight for you.
Contact us today
Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.
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