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TURNING EMPLOYER WRONGS INTO EMPLOYEE RIGHTS

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This Past Week We’ve Received A Number of Inqueries

The same laws that protect these out of state employees, also protect California employees who move within the state. The primary protection for employees  (you are also protected if a California-based employer sends you out of state on a bogus assignment) is California Labor Code 970. In essence, this statute prohibits employers from falsely representing the nature, kind or duration of the work. In the event any of these facts are misrepresented, the employee may collect DOUBLE damages under Labor Code 972. Additionally, the Civil Code Sections 1709-1710 protect employees from false promises or concealments of material facts). Finally, there are  a number of common law protections, such as the cause of action known as Promissory Estoppel, Intentional and Negligent Infliction of Emotional Distress. This conduct would also be considered an unfair business practice under Business and Protections Code 17200-17500.What are some typical false promises that are made? We recently had an engineer move to California on a short term contract and was falsely told that the company was “required by law” to offer just a few months’, but that no engineer had ever moved out for less than a year. This was false and we were able to settle the case favorably.

In another case, a temporary agency recruiting a husband and wife to California, with the false promise that both would have employment. It turned out the temp agency was well aware a week before the couple actually moved to California from the midwest that there was no opening for the husband, but the agency desperately needed to show results to the on-site employer for the wife’s position. Both husband and wife have valuable rights in this case. While the husband was cheated out of a job, the wife would not have moved had she known the truth.

In our final example, an employee was lured to California for a legal job

Employment Attorney in Carlsbad, Escondido, Greater San Diego & Los Angeles