• Home
  • Offices
  • About Us
    • Our Firm
    • Client Testimonials
    • Extraordinary Successes
    • Legal Guides
    • Legal Definitions
    • Press Center
    • Referrals
    • Scholarship
    • Staff
  • Attorneys
  • Cases
    • Car, Bike & Motorcycle Crashes
    • Civil Rights Attorney Near me
    • Elder Abuse & Neglect Attorney
    • Employment Lawyer San Francisco
    • San Francisco Personal Injury Attorney | Dolan Law Firm, PC
    • Uber Accidents & Lyft Crashes
    • California Fire Law
  • Blog
  • COVID-19 Guide
  • Espanol
  • Contact Us
Free Case Review415-421-2800

employment

Home
/
employment

Fraud and Misrepresentation in the Workplace

Fraud and Misrepresentation in the Workplace

By Christopher Dolan and Mari Bandoma Callado

This week’s question comes from Arthur B.

Dear Chris,

I was contacted via Linkedin by the Chief Financial Officer of a San Francisco-based start-up.  He offered me an opportunity to join the start-up as a program director with an annual salary of $120,000 plus a $30,000 raise by the end of the year.  I was flattered by the offer but was concerned about job security and the start-up’s financial stability. The CFO assured me that the position is permanent and long-term and that the start-up is in the midst of receiving a capital injection from an investor.  Based on the CFO’s statements, I uprooted my family and moved from Portland to San Francisco last August.  

At the end of the year,  I did not receive the raise I was promised and instead learned that I was being terminated because my position was being eliminated due to a “restructuring due to an impending acquisition”.  I protested that the CFO assured me that my position was long-term and permanent. The CFO responded that my position was in fact “at-will”. I have been unsuccessful obtaining comparable employment.  Do I have a claim for wrongful termination?

Thank you for your question, Arthur.  It can be difficult to establish a cause of action for wrongful termination for employees who were not terminated on the basis of discrimination or retaliation.  However, employees who were enticed to relocate their residence based on representations made about the job that later turned out to be false may have a claim pursuant to California Labor Code section 970, as well as other tort claims such as negligent misrepresentation.

California Labor Code section 970 was enacted in 1937 to protect migrant farm workers.  Experienced farm workers were often offered higher wages to entice them to relocate. However, once they get there, they learn that the wages would be much lower than what was promised or the hours they would work would be considerably less.  The law therefore recognizes that after spending considerable resources to move and/or turning down other job offers, these workers would have no choice but to accept terms that were different from what they were promised.

Often, experienced farm workers were offered higher wages and/or clean housing to induce them to relocate. Many times these employees would turn down other job offers and spend a lot of money to relocate. However, once they would get there, the job would not be anything like what was promised. For example, their wages would be much lower than what was promised and/or the duration of their job would be much shorter. Many times, because these employees had already spent considerable amounts of time and money, they would have no choice but to accept these less favorable terms.

Today, the statute applies to all classes and types of employment. California Labor Code section 970 prohibits employers from enticing employees to relocate to, from, or within California by falsely representing the:

  • Kind, character, or existence of work;
  • Length of time work would last;
  • Compensation for work;
  • Sanitary or housing conditions relating to work;
  • Existence or nonexistence of any pending strike, lockout or other labor dispute affecting work.

California Labor Code section 970 is supplemented by sections 971 and 972.  Section 971 provides criminal penalties (fine up to $1,000 and/or 6 months of jail time) against employers who violate section 970, while section 972 provides a for a “private right of action” allowing the employee to bring a civil action as well as an entitlement to recover double damages.  These damages may include but are not limited to moving expenses, rejecting other job offers, loss of income due to inabilities to find another job, sale/purchase of a home, a lease, transportation, buying furniture, etc.

A claim for fraud under the labor code must be filed within one year from the date of the misrepresentation so we recommend that you contact a trial attorney and/or the Department of Labor Standards Enforcement immediately.

read more

Chris Dolan Summarizes New Potential Legislative Changes

At about this time every year the legislative session in California is winding down. The last day for the Governor to sign any bill this year is September 15, 2017. As the legislative year comes to an end I once again summarize several of the new laws that I believe are of most importance to our readers.

read more

Bankruptcy could complicate your lawsuit

San Francisco Examiner Question from Sarah C. in Daily City:What happens if someone in a lawsuit files for bankruptcy? My employer fired me when I was on pregnancy leave and told me I wouldn’t be qualified for my job as a single mom. I’m thinking about suing them, but I’m worried that they might file for bankruptcy since the company hasn’t been doing well. Would that prevent them from being sued? I’m also considering bankruptcy because I lost my income and health insurance and can’t make my mortgage and credit card payments. Can I still sue if I file for bankruptcy?
read more

Rideshare And Food Delivery Driver Car Crash Insurance/Prop 213 Questions Answered

Ray from the Sunset District writes, “I deliver meals for one of the app food companies. Last week, my car was in the shop so I was driving my girlfriend’s new motorcycle when a driver for national package delivery service company pulled out of a driveway without looking and drove right into my path. We collided and I had to go to the hospital for a broken collar bone and some fractured ribs.

The driver claimed I was speeding. At most, I was going slightly over the speed. The driver was not injured but the rear of his van was smashed. His company’s insurance company is demanding I pay for the repair costs. My girlfriend’s motorcycle was a total loss. I have $16,000 in hospital bills.

I found out after the crash that my girlfriend did not have motorcycle insurance. She owns another motorcycle that is insured but hadn’t yet put her new bike on the policy. I have a policy for my car but don’t know if that helps. I asked about my situation on a message board for ride share drivers. One person said I don’t have any coverage under “Prop 213” because the motorcycle was not insured. Another person said I must not tell my insurance company I was delivering meals. What’s the real answer? Aren’t all app drivers covered by the company’s insurance?”

read more

California Labor Law: Take Time Off Work to Tour a Child’s School?

Students small.jpg

Our question this week comes from Anna K. from The Avenues who asks: “I work for a company of about 30 people. I have to find a new school for my daughter because we will be moving to Daily City.  I need to go look during the work week because that’s when they have ‘open houses.’  I asked my foreman if I could take off a couple of hours to go tour the school with my daughter and she said ‘no.’  I told her I would use my vacation and she said that she couldn’t spare me this month.  What are my rights, if any, to do this very important thing for my daughter?”

read more

When Should You Begin Being Paid for Hourly Work?

Moving_Overtime.jpg

This week’s question comes from M.P. who asks, I have been working for a moving company here in The Bay Area that requires the employees show up in the yard at 6:30 a.m., check the trucks, load moving blankets, wait for assignment to a job, and then drive the moving truck to the job, get gas, etc. We must be there at 6:30 but they do not pay us for the time we are required to show up to the yard and for the drive to the job in their truck. We don’t start getting paid until we arrive on the job site to begin the move- that is when they begin charging the customer. Is this legal? What are my rights?

read more

Is a Morality Clause Legal for Employers in California?

This article was written by Chris Dolan and published by The San Francisco Examiner. Click here to read more of Chris Dolan’s biweekly articles at SFExaminer.com.

This week’s letter comes from a Catholic school teacher who has asked that his name be withheld to protect his job. He asks; “I am a catholic school teacher and recently the Archbishop of San Francisco, Archbishop Cordileone, has inserted a moralities clause in our employment handbook that requires us to affirm that we believe that homosexual relations, fornication, pornography and masturbation are “gravely evil.” The handbook also requires us to state an affirmation and belief that artificial-reproduction, conception and abortion are evil and that we agree that “the civil law should preserve the definition of marriage as the union of one man and one woman.”

read more

Categories

  • Bicycle Accidents (115)
  • Brain Injuries (12)
  • Bus Accidents (24)
  • Car Accidents (212)
  • Case News (14)
  • Civil Rights (98)
  • COVID-19 (46)
  • Dog Bite (2)
  • Elder Abuse (18)
  • Employment Law (105)
  • Fire & Burn Injuries (16)
  • Firm News (103)
  • Free Speech (18)
  • LGBT (12)
  • Motorcycle Accidents (139)
  • MUNI (18)
  • Pedestrian Accidents (128)
  • Personal Injury (109)
  • Police Misconduct (9)
  • Policy (7)
  • Premises Liability (29)
  • Privacy (38)
  • Product Liability (27)
  • Professional Misconduct (17)
  • San Francisco Examiner (20)
  • Self Driving Car (6)
  • Special Needs Students (6)
  • Taxi Cab Crash (4)
  • Tenant/Renter Rights (6)
  • Truck Accidents (18)
  • Uber/Lyft Accidents (24)
  • Uncategorized (19)
  • Whistleblower Law (10)
  • Wrongful Death (21)

Recent Posts

  • Is a Trial the Same as An Arbitration?
  • E-Bike Insurance Chris Dolan and Aimee Kirby
  • Assembly Bill 2147 defines when a police officer can stop, arrest, or cite a pedestrian
  • Respect For Marriage Act (RFMA) v. Defense For Marriage Act (DOMA)
  • Hospital Lien Act Gives Health Care Providers Legal Recourse
Subscribe To This Blog's Feed
FindLaw Network
Please, enter #hashtag.

  • Click To Call Us
  • Email Us
  • Our Offices
  • About Us

San Francisco 415-421-2800

Oakland 510-486-2800

Los Angeles213-347-3529

Toll-Free 800-339-0352

Dolan Shield

Dolan Law Firm PC
1438 Market Street
San Francisco, CA 94102

415-421-2800
San Francisco Law Office Map

Dolan Law Firm PC
1498 Alice Street
Oakland, CA 94612
510-486-2800
Oakland Law Office Map

Dolan Law Firm PC
145 S. Spring Street, Suite 800
Los Angeles, CA 90012
213-347-3529
Los Angeles Law Office Map

Dolan Law Firm PC
2614 Artesia Blvd
Redondo Beach, CA 90278
310-504-0915
Redondo Beach Law Office Map

Oakland 510-486-2800

Dolan Shield

Dolan Law Firm PC
1498 Alice Street
Oakland, CA 94612
510-486-2800

Oakland Law Office Map

San Francisco 415-421-2800

Dolan Shield

Dolan Law Firm PC
1438 Market Street
San Francisco, CA 94102

415-421-2800

San Francisco Law Office Map

© 2017 by Dolan Law Firm PC. All rights reserved. Blog | Legal Guides | Disclaimer | Privacy | Site Map