Can I Sue My Employer for False Promises?

Employers are always trying to attract top talent and can sometimes make false promises to achieve this goal. If your employer makes misleading or false promises, you can sue them for fraudulent inducement or negligent misrepresentation.

In this case, false promises include spoken statements, emails, meetings, recruitment tactics, and other messages. However, to sue your employer successfully, you must be able to prove that your employer made false promises intentionally and knowingly to get you to accept an offer.

What Is a False Promise?

Also referred to as fraudulent inducement, a false promise is a statement made by a hiring manager about something the company can offer but cannot fulfill. Often, a false statement is made to entice you as an applicant to accept their offer of employment.

A false promise can also be made to current employees to influence them to continue working for the company. In this case, the employee might receive promises of promotion, more benefits, or a salary increase after accomplishing a certain task.

While the promises may be valid and reasonable, if there are no signs of any changes or improvements indicating progress toward them, they can be considered false promises. This applies whether the manager made the promises intentionally or unintentionally.

False Promises vs. At-Will Employment

When you are in at-will employment, there are no specific guidelines to end your contract. This means that your employer may end your contract, change your terms of employment, or even change your role at the workplace at any time.

In this case, you cannot sue your employer for firing you. However, you should consult with your lawyer if other issues, such as discrimination, led to termination.

Proof of False Promises

Although each state has different laws, certain elements are required to prove a claim based on false promises. These include:

• That the employer misrepresented the facts intentionally to convince the employee to accept their offer
• The misrepresentation was the primary reason that the prospective employee accepted the offer
• That the misrepresentation is the primary reason that a current employee continued to work at the company
• That the misrepresentation could be reasonably relied on by an employee or prospective hire
• That the false promise caused actual damages to the employee or prospective hire. Damages may include loss of money, opportunity, or job security.
• That had the employee or prospective hire known the actual facts, they would not have accepted the offer.

With the above, you can sue your employer for false promises if you have proof based on the law of “promissory estoppel.”

Employers Must Keep Their Promises

It is not uncommon for managers and employers to make jobs sound better than they are to attract the most talented prospects. However, you have rights, and your employer or manager does not have the right to:

• Wrongfully terminate your employment
• Breach your contract or employee agreement
• Share confidential information
• Pay you less than agreed
• Pay you less than the amount prescribed by the law
• Take away your vacation time
• Strip your benefits as stated in your contract
• Provide an unsafe working environment

A valid contract should always include the following:

• An offer guaranteeing performance, such as a full-time role
• Employee offer acceptance
• Consideration from both the employer and employee, that is, both assume that the promises made in the contract will be fulfilled.

If the performance that was guaranteed in the contract is not met, your employer is in breach, and you can sue for false promises. It is also important to note that contracts may be written or verbal.

Suing Your Employer for False Promises

If your employer made false promises that led you to take or stay at a job, you can sue them for fraudulent inducement of employment. You have a claim as long as your actions are based on the false statements made by your manager or employer. You will need to prove the following:

• The employer’s intention
• How the promises influenced your decision to take or leave a job
• The false promise, whether it was verbal or written
• That you relied on a false promise to make a decision
• That you suffered damages

It can be difficult to prove whether or not the false promises were made intentionally. Most employers will often claim that they made a misstatement or a mistake which makes it hard for the employee to prove their claim if there is no record of the conversation.

If it was a verbal promise, it might be a “he said, she said” argument making it hard to prove your claim. It is unlikely that the court will believe you accepted an offer of employment based on verbal promises.

That is why it is essential to always ask your employer to make any promises in writing. Always keep a record of emails, meetings, phone calls, letters, messages, and any changes to your contact. These can support your claim if your case goes to court.

As you keep records, remember that some states have laws that prohibit recording conversations without the other party’s consent.

Summary

Do you suspect that your employer made false promises? If your case meets the above requirements, you may be able to sue them for fraudulent inducement of employment.

Contact an experienced employment law attorney to review your case and determine whether you can sue your employer.

Your attorney will also help you understand your rights under the law, the merit of your case, and the likely outcome.