Fraudulent representation

An employer represented to me in the job interview that pre-qualified appointments would be made for me. I had to go in and consult/sell. Many of the appointments were not in fact qualified. *** Several of the appts were with customers that my employer previously had problems with - but the employer apparently had no way of knowing this before I went to the customer. They COULD have known if they'd do a little internal cross-checking of their records. The bottom line: Their lack of investment in equipment and time to save me from going to bad appointments, along with their fraudulent claim of PRE-QUALIFYING appointments, COST me $5000+ in miles, times, etc. - I was paid commission only - so these bad appointments cost ME money, but they don't cost the employer anything. Might "constructive termination" or fraud laws apply?

1 answer  |  asked Jan 29, 2002 4:29 PM [EST]  |  applies to Illinois

Answers (1)

Aaron Maduff
Pre-Qualified Appointments not what Employer made them out to be

The short answer is that if you suffered damage (as you described) because the employer made false representations to you, you may have a claim for "detrimental reliance". In short, you relied upon the employer's representations to your detriment, and it cost you money.
Constructive discharge is not really a cause of action, but a way of claiming that you were discharged when you quit. That's fine, but the discharge has to be illegal before you can recover anything.

posted by Aaron Maduff  |  Jan 30, 2002 6:20 PM [EST]

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