OK, here's the problem. Ive worked for a company for 9 years, during the winter I was hired by another company for more money. I went to my company and notified them about the job and the increase in wage. They told me they couldnt pay me that much but would give me a bump in pay before spring ( which they did) and in a couple months they would revaluate my performance and give me another bump in pay. Well that time came and left, and know they tell me that can't give me another bump because I'm not a forman. Can I sue for louring me to stay under false pretenses?
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cbg
Super Moderator
Do you have anything in writing?
cbg
Super Moderator
Do you have anything in writing?
army judge
Super Moderator
According to the definition of false pretense it doesn't have to be in writing. And by saying that they would give me another bump knowing that I wouldn't be a foreman, but keeping me from taking a higher paying job equals false pretense as well as negligent representation. Right?
cbg
Super Moderator
And when they say they never made a promise, only that they'd look at it, or even that they never said anything at all, what evidence do you have otherwise?
You're not going to win a lawsuit based on what you've got.
You're not going to win a lawsuit based on what you've got.
Well I wouldn't have kept the job if they wouldn't have gave me the second bump in pay. I was hired at a different job making more money, and they knew that, that's why we had the meeting to see if they would match the other company. There we're 2 other people at the meeting as well.
army judge
Super Moderator
Okay, counselor, I'll stifle myself after this post.
You "know" what you "think" is the law.
Yes, by all means, you should proceed without abandon on the course you've chosen.
By the way, I graduated from one of two Iowa law schools.
I love your state and the time I spent in Des Moines.
Admission to the Iowa bar by nomination of my law school faculty was one of the best things that ever happened to me.
Good people in Iowa, very good people.
I got a great legal education there, despite those ever so tough winters.
Good luck to you as you litigate your pending and important legal matter.
I don't argue with people I'm trying to help.
Oh, just so you know, false pretenses isn't a tort.
It can be used to assert or claim a defense, in some cases.
It usually gets discussed when one believes they have been tricked, defrauded, or coerced into doing something.
In order to pursue any civil lawsuit (where one actually wants to prevail), one needs to show damages and bring a civil case under tort law, state statute, or contract law.
Will you bring your action under tort, statute, or contract law?
You must first identify the wrong (tort) [or in some cases which state statute] under which you believe you have a wrong actionable before the bar.
As you had no contract, you can eliminate one potential source of legal theory.
Every slight or harm done or believed to have been done isn't actionable, and none are actionable without damages a plaintiff can prove up!
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army judge
Super Moderator
Yes, I know you have no case.
You could have 100 witnesses, and you still have no case.
You had no contract that was breached.
That's the closest thing you had to a remedy.
All you had, if you had anything, was a promise.
A promise absent consideration is not a contract.
You had a discussion, allegedly.
You heard one thing, and often the other party heard another.
Often the things are complete opposites.
For educational purposes, let's stipulate you are entirely correct in your synopsis of the conversation.
The employer gave you a raise.
By the way, no specific amount was promised for the raise.
Even if they had promised a $10.00 and hour raise, and gave you $5.00, or nothing, that would be entirely appropriate.
Promises are made, and promises are broken, assuming what they said was a promise.
Nonetheless, the next thing they said they'd do is look into it.
I suppose after looking, they have chosen NOT to pay you more.
Again, quite okay.
If you seek additional clarification, or evaluation, meet with thre eor four local employment lawyers.
Most lawyers will meet with a potential client at no cost for th einitial meeting.
Explain your position, lay out your demands, and ask if your remedy is possible.
If you find a lawyer to represent you, good luck.
Whatever is said is is nothing more than words.
Your remedy, if there is one, lies in some Iowa court.
Again, good luck.
Betty3
Well-Known Member
You are always free to run your situation by a lawyer but is very doubtful you have a case - I don't see it.
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