Fraud based claims may arise in the employment context in many situations. They may or may not be related to other employment related claims, such as a breach of contract cause of action. An increasingly common claim brought by employees in California involves allegations of fraudulent inducement of employment which typically involves allegations of false statements made by an employer to entice an employee to take or keep a job.
For an employee or prospective employee to bring a case against an employer for the fraudulent inducement of employer, it must be proven that:
- A material fact or facts were intentionally misrepresented or omitted by the employer;
- The misrepresentation was a key component of the decision to accept or continue the employment;
- The misrepresentation was reasonably relied upon by the employee or prospective employee;
- The victim of the misrepresentation suffered some significant injury that is not merely speculative.
Here is a summary of other fraud based employment claims which may be brought by employees or former employees in California:
Intentional Misrepresentation or Fraud (Cal. Civ. Code § 1710)
Intentionally false/reckless misrepresentation of facts (Cal. Civ. Code § 1710(1))
Concealment of facts (Cal. Civ. Code § 1709(3))
False promise without intent to perform it (Cal. Civ. Code § 1709(4))
Negligent Misrepresentation (Cal. Civ. Code § 1709(2))
Fraud to Induce an Employee to Move (Cal. Labor Code § 970)
The award-winning and AV-rated employment attorneys at Gehres Law Group, P.C. represent both employees and employers in the context of fraud based employment claims. The founder and President of our full-service firm holds a specialized certificate in Labor and Employment Law, making this area of law a focal point of our practice. Because we have represented both sides in wrongful termination suits, we know how the opposition thinks and the obstacles they face, providing us with insights that firms representing just employers or employees do not typically possess.
For questions or more information about your employment related matters, contact our experienced San Diego business and employment law attorneys at (877) 333-2420 or (858) 964-2314 today. Your initial evaluation is always free, so call us today to learn more about the merits of your case.