Q&A: Employee Terminated After Moving to Take Job May Have A Claim
Published by James Peters January 15th, 2007 in Discrimination, Fraud, Q&A, Wrongful TerminationQ: I moved to California from Wisconsin six months ago to take a job with a company here. I quit a good job back home, my wife sacrificed a job she loved, and our kids had to leave all of their friends behind, and we moved our family to California. I was stunned last week when I was suddenly laid off by my new company.
I have heard from some other employees that I was really only hired to do one important project in my area of expertise (which we had just finished two weeks ago) and that they believe it was the company's intention to fire me all along after it was completed. Can I sue them?
--Stranded in California
A: I am truly sorry about what has happened to you and your family, but luckily you moved to a state with specific laws against this sort of thing.
Labor Code § 970
California Labor Code § 970 prohibits employers from "fraudulently inducing" employees to relocate to accept new employment. In this situation, "fraudulent inducement" essentially means lying to someone to get them to move and accept employment with your company.
If you can prove that you were lead to believe you were not being hired for one specific assignment, that your employer knew you believed that and that your employer's intention was to terminate you after that assignment was completed, then you will be able to sue your former employer.
Proof Can Be Easy in These Cases
In your situation, however, most judges and juries would easily believe you did not uproot your family and move to California just to take a six month temporary position. They also would be unlikely to believe the employer thought you agreed to that as the deal. The only thing left to prove is what the company thought would happen after the project was finished. This can be proven through e-mails, testimony and various other ways.
Damages are Tripled
Under Labor Code § 970, you can recover virtually any damages you can attribute to moving to take the new job and then being laid off. Your lost wages during unemployment, the cost of moving to California, the cost of moving back to Wisconsin if you move back, any costs you or your wife incur to get a new job, attorney's fees, and countless other damages are recoverable under this statute.
The best part of Labor Code § 970, though, is that you are entitled to recover "treble" damages. What this means is that whatever damages you are awarded get tripled as a penalty against the company. So, if you can recover $100,000 of damages for what the company did, you would be awarded $300,000 total.
The California legislature realized what an extreme hardship situations like these place on employees and their families. Often they find themselves having moved for a job that suddenly vanishes and they are left stranded.
Tags
California Employment Law | Discrimination | Fraud | Q&A | Wrongful Termination
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2 Comments DISCLAIMER
I was hired at a college with the understanding that the first 3 months would be probationary, and if all went well, and given my work history that was no real alarm, I accepted the job with the clear understanding it was not for only 3 mo--no change of ectension--because I had to move across the state-CA.
Well, a month into the job I was called into my supervisors office and told I was unfit for the job because I wasn't in a masters program. I had never said I was, my resume and cover letter are very clear. I had stated in interview I intended to take classes, had a BA. There was no follow up like, oh what master's program, type, cohorts, school, etc. Whern my supervidor attempted to clain I misreprented myself during the interview done on the phone with 3 staff members I saio---OK, which school snd program are you saying I said I was in?
She couldn't answer.
I protested the matter to her supervisor, and the staff then revised it to there may have been some confusion---rather than me being a liar (my word)--but either way at the end of 3 ms I must leave because I wasn't in a master's program. There was no time left even to apply for one.
My supervisor said perhasps their ad, which I'd never seen, perhaps didn't make it clear that one had to be in a master's program; I looked up their "revised" ad and it still doesn't. it says "graduate program," not maters.
To take this job I had to pay double rent because I was told unless I arrived by a certain date I couldn't have the job, I had to pay half month on old apt because I lacked 30 days notice, my supervisor was well aware of this, plus I had moving costs--van rental, gas, utility connection fees, plus a penalty fee for breaking my old cable contract 2 months early, and for not finishing the year with my auto insurance for the full year.
I was told by a long time staff member the department had NEVER had anyone ion the job other than in a temporary situation.
Along with moving costs I aldo had to meet a dress code, "professional dress" although students wore jeans, and I had this weird status. As a result, I spent $200 just to meet the code, something not told to me after hiring.
In all, for the pleasure of being dismissed, it cost me around $1,000, and because I have only 3 mos with the job I am being asked by other prospective employers what went wrong, as if I did something, rather than the ridiculous mess of a staff who cou;dn't ask cohorent screening questions.
@callie rose: The answer to your question depends largely on whether this is a public or private university. I have e-mailed you to discuss this further.