WRITTEN AND ORAL JOB OFFERS VS. EMPLOYMENT CONTRACTS

Presuming an employee is going to make a big career move, what should they do before they quit their old job? Obviously, the best thing is to get the new employment offer in writing, but most employers do not do that. Even if the employer puts the job offer in writing, it might not have a legal effect. A job offer might merely state the position, maybe the start date, and maybe the salary. That is something, but what about the fundamental nature of the job (duties, length, locations of work, scope of work)? If the employee actually starts working for the company and signs an at-will acknowledge, or receives a company handbook and signs for it, it is very likely they are signing a statement attesting to the fact they do not have a contract for employment, one would have to be in writing and signed by a high up executive, and any prior statements about the employment are agreed not to form a contract. At that point does the job offer have any legal effect?

If the employee never ends up working for the company, the offer letter might be capable of being used for promissory estoppel. If that is the case, call (661) 412-9600 and speak to an experienced employment lawyer.

EMPLOYEE SALES COMMISSION CONTRACTS AND OFFER LETTERS

Hopefully, if an employee is going to earn sales commissions, that is specified in an initial job offer. Nebulous, vague offers about the ability to earn commissions may not translate into courts believing the employee and the employer had the same understanding about what those commissions are going to be, or even if there would be commissions paid to the employee. In addition, oral commission agreements are problematic. Many lawsuits involve oral commission agreements.

Under California law employers are supposed to put agreements to earn commissions in writing. The employer should provide a copy of the signed agreement. Unfortunately, there are many cases about which contract applies, which commission rate applies, and exactly what was agreed to and known by both sides (the employee and employer). There also might be a lengthy attach to the commission agreement that is more important than the first part of the commission agreement.

Call (661) 412-9600 if you do not think you have been properly paid your sales commissions. The statute of limitation does not allow you to go back forever in time so it is important to start a case like this as soon as possible. Sometimes employees lose out on entire years of commission underpayments because they wait too long to bring the case.

WHAT IS EMPLOYMENT FRAUD AND HOW CAN IT BE PROVEN?

Why are you being offered this job? Is it because somebody is on a leave of absence, maybe medical leave, and they're going to come back? If that was not disclosed to you, that is a recipe for disaster. It could be a situation in which you were intentionally mislead about the longevity of the position.

Suing an employer for fraud is difficult. The misrepresentations have to be intended to deceive. If the misrepresentations were not believed, or were puffing, the situation might not be fraud. Employee lawyers have to specifically allege fraud in the lawsuit. This is a higher standard than is usually required to plead a lawsuit. Names, dates, and specific dates are needed.

Employment fraud often involves false representations about the nature of the job. This could include stating a title and job responsibilities the employer has no intention of giving the employee. Changed circumstances between hire and the representations may not be fraud. Circumstances the employer knows will change may create fraud if the existence of those circumstances were not disclosed.

California Labor Code Section 970, which has a provision for treble damages, envisions employers who get employees to move in order to take a job. In those situations the pay might be drastically different than what was represented, the nature of the job might be different in terms of duties, or the job could be for a very short time to finish a specific task or fill in for somebody but the job was represented to be a permanent full-time job. However, representations and changed conditions that are not material do not amount f The only way to determine if there was employment fraud is to speak to an experienced employment attorney. Even then, it might be up to the court to decide if the situation amounts to fraud.

Call (661) 412-9600 to speak to an experienced California employee lawyer who can advise whether it is worth pursuing a case for employment fraud.