Was my husband hired under false pretenses?

[laurenc67]

My husband and I both had full time jobs for the same company. When an individual that my husband worked with offered him a job through a different company at double the pay and more hours, we decided I could be a stay at home mom, and so we both quit our previous jobs and withdrew our son from daycare. My husband was told by this individual(who has cerebral palsy, but is pretty normal thinking wise), that he would make 16/hour, and they scheduled him for 52 hours per week. He was also told he'd get overtime pay for 12 of those hours. Also, he was supposedly going to be getting compensated for mileage put on our car(.50/mile) up to 120 miles per day. They went to this company's main office and got all the paperwork signed, no problem. Only 1 week later, the company calls him in and says that he may only have 15 hours per week, with 120 miles per month as the compensation limit. This individual is now interviewing even more people to split up his available hours. Is there anything we can do? Can we sue this person for our severe financial losses?

 

[army judge]

My husband and I both had full time jobs for the same company. When an individual that my husband worked with offered him a job through a different company at double the pay and more hours, we decided I could be a stay at home mom, and so we both quit our previous jobs and withdrew our son from daycare. My husband was told by this individual(who has cerebral palsy, but is pretty normal thinking wise), that he would make 16/hour, and they scheduled him for 52 hours per week. He was also told he'd get overtime pay for 12 of those hours. Also, he was supposedly going to be getting compensated for mileage put on our car(.50/mile) up to 120 miles per day. They went to this company's main office and got all the paperwork signed, no problem. Only 1 week later, the company calls him in and says that he may only have 15 hours per week, with 120 miles per month as the compensation limit. This individual is now interviewing even more people to split up his available hours. Is there anything we can do? Can we sue this person for our severe financial losses?

Yes, you can sue anyone you want to sue.

Will you prevail?

No.

Why?

You have no cause of action against the "recruiter".

You had no contract.

You acted merely on "promises".

Failure to carry through on promises aren't actionable.

In the future, get it in writing, if you can.

In this case, that would have been an explicit employment contract.

Most "sweet" sounding deals are just "scams" and "flim flams"!

 

[esteele]

Your husband may want to speak with a local employment law attorney to explore whether he can potentially advance an oral representations claim and/or a promissory estoppel claim. Some states allow both employment at-will exceptions as causes of actions. Some allow only one. Others allow neither.

Local counsel can advise him of the current status of the law in Pennsylvania, and whether he has a basis for pursuing a claim.