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Employer Fraud

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M

meanpressure0

Junior Member
What is the name of your state?

NY

I am currently employed at NYC Publisher as a Sr. Technical Project Manager. The position for which I was hired was grossly misrepresented during the interview process. I have documented the predisposed failure of the position with our HR department and as of today they have offered me a small cash sum to resign quietly. I feel that the misrepresentation of the position lured me away from my lucrative position and now devastating financial loss is imminent.

What to do?
 


L

LeeHarveyBlotto

Senior Member
They're buying their way out of a potential lawsuit.

They are not buying their way out of a potential lawsuit with any chance of success.
 
M

meanpressure0

Junior Member
Not sure I understand?

I'm not sure I follow here...Who has no chance of success? me the employee or the employer?

I can document from my directors that this position and project were destined for failure up to a year before I was hired.
 
Zigner

Zigner

Senior Member, Non-Attorney
Employer doesn't want to deal with the hassle of defending itself against a lawsuit from you, even though they would almost definitely prevail.
 
M

meanpressure0

Junior Member
Just to be clear

An employer during the interview process tells the prospect that the company is great and the task at hand needs the finishing touches and after hire the employee finds out the task or project is 1 year late and $300,000 over budget with no chance of success then this is confirmed by upper management. There is nothing the employee can do except find another job at a financial loss or wait to be fired?
 
U

UCLawyer

Member
Meanpressure,

It's true that you do not have a winner of a claim, but the idea that "there's nothing you can do" isn't quite right. Your company is offering you a small amount to settle this matter with you. Realistically, your best result is to go ahead and settle, but for a bit more money than they are offering.

In negotiating with your employer over how much your severance package is going to be, the will pay more out of fear of getting sued than they will out of mere good will. So you need to convince them they are going to get sued, and have a chance of it being a long, expensive, drawn out proposition -- even if they win.

In my opinion, your best claim is to assert that your current company wrongfully (and fraudulently) interfered with the economic relationship you had with your previous company. The name of this type of legal claim (also called a tort), is "Tortious Interference With Economic Relations". Google that phrase, read up on it, and then send a letter or email stating that you are shopping your claim against the company to multiple lawyers, and three want to take your case. However, before you hire a lawyer and proceed with your claim, you would be willing to make a one time offer of compromise for $XX.XX dollars. If they reject your offer of compromise, you will file suit and fully vindicate your rights and recover all damages in court. However, you do believe it would be better for both parties to make a clean break and put the matter behind us. You will hold your offer open for 3 days, until 5 p.m. on X date, at which time your offer expires.

After you send provide this letter to your current company they will probably make a counter offer. Engage them as long as you have stomach for, and try to negotiate up the amount. Remember there's no such thing as a final offer. Good luck.

-UndercoverLawyer
 
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