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Found out I was hired into a misrepresented job

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M

madintennessee

Guest
I was hired as a RN into a LPN job classification without my knowing it!! I didn't find out till more than a year later, and then it was from a fellow employee, not my employer. When confronted, my supervisor admitted that this was entirely true !! She claimed ignorance, but I don't see how she or someone in this very large company did not know the truth and kept it from me. I want to know if I have any legal recourse to legally force this company to change my job classification to the one I was lead to believe I hired into. Thanks, from Tennessee
 


L

lawrat

Guest
I am a law school graduate. What I offer is mere information, not to be construed as forming an attorney client relationship.

Complete misrepresentation. Well, never mind why it took so long for you to figure it out.
Here is the Tennessee code that applies found under Title 50 Employer and Employee

50-1-102. False or deceptive representations in procuring employees - Penalty - Hiring armed guards - Failure to have permit - Penalty.

(a) (1) It is unlawful for any person to induce, influence, persuade or engage workers to change from one (1) place to another in this state, or to bring workers of any class or calling into this state to work in any type of labor in this state through or by means of false or deceptive representations, false advertising or false pretenses, concerning the kind and character of the work to be done, or amount and character of the compensation to be paid for such work, or the sanitary or other conditions of the employment, or as to the existence or nonexistence of a strike, or other trouble pending between employer and employees, at the time of or prior to such engagement.
(2) Failure to state in any advertisement, proposal or contract for the employment of workers that there is a strike, lockout or other labor trouble at the place of the proposed employment, when in fact such strike, lockout or other labor trouble then actually exists at such place, is deemed false advertising and misrepresentation for the purposes of this section.
(b) A violation of subsection (a) is a Class B misdemeanor.
(c) (1) Any worker who is influenced, induced or persuaded to engage with any persons mentioned in subsection (a), through or by means of any of the things therein prohibited, has a right of action for all damages that such worker has sustained in consequence of the false or deceptive representations, false advertising, and false pretenses used to induce such worker to change such worker's place of employment, against any person who, directly or indirectly, causes such damage.
(2) In addition to all actual damages such worker may have sustained, such worker is entitled to recover such reasonable attorney's fees as the court shall fix, to be taxed as costs.
(d) (1) Any person who, in this or another state, hires, aids, abets, or assists in hiring, through agencies or otherwise, persons to guard with arms or deadly weapons of any kind for any such purpose, without a permit from the governor of this state, commits a Class E felony.
(2) Nothing contained in this subsection shall be construed to interfere with the right of any person, in guarding or protecting such person's private property or private interests, as is now provided by law.
(e) This section shall be construed only to apply in cases where workers are brought into this state, or induced to go from one (1) place to another in this state by any false pretenses, false advertising or deceptive representations, or brought into this state under arms, or removed from one (1) place to another in this state under arms.

[Acts 1901, ch. 104, §§ 1-4; Shan., §§ 6886a1-6886a4; Code 1932, §§ 11363-11366; T.C.A. (orig. ed.), §§ 50-204 - 50-207; Acts 1989, ch. 591, §§ 45, 112.]

 

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