Job Candidates Should Get Promises in Writing

Q: What if an employer persuades a job candidate to quit his job by promising appealing work and an impressive salary during the interview, then fails to provide either?

The promises were made during the interview, so there is no written record. What options would be available to the new employee?

--G.Y., Santa Barbara

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A: An employer’s promises to an employee generally are enforceable. Unfortunately, it may be difficult to prove that a promise was made if it comes down to your word against the employer’s.

Indeed, employees or job candidates should try to document important representations made to them in a follow-up letter, especially if the employer has not provided details in writing.

In your situation, vague representations also may pose a problem, if the offer did not go beyond general terms such as “appealing” work and an “impressive” salary.

If you were presented with more details, however, you may have a valid claim against your employer, particularly if you suffered damages because of the company’s representations. And if your employer lied to induce you to move your residence, you may be entitled to double damages and the firm may face a criminal penalty.

You can help prove your case by comparing representations made to you with those made to other employees. If you can establish a history of misrepresentations, it would give your assertions more credibility.

Your argument also would be stronger before a judge or jury if you can show that you gave up a better-paying job elsewhere to take this job. It wouldn’t make sense for someone to leave a higher-paying job for a lower-paying one.

You should spell out in writing the representations made to you, and ask your employer to comply.

--Don D. Sessions

Employee rights attorney

Mission Viejo