hired under false pretenses?

[cindy5611]

What is the name of your state? new york ... I was hired in the presence of the HRM (human resource manager) & the physician i would be working for ... i asked specific questions with regard to who my immediate & direct supervisor was & if I was required to work in a specific (non user friendly) area of the hospital (clinic)I was told I answer to the MD for everything - there was no office mngr - & i was not required to work in this area of the hosp. The day i walked into my workstation a notice was posted stating that the head of the dept made someone the ofc manager. i was also advised that i was hired under false pretenses, that my hiring was mishandled or should have been delayed and that i am required to work in the clinic and i report to the ofc manager as my immed. and direct supervisor not the MD as stated in my interview

 

[Beth3]

I presume your question is whether you have any legal recourse.

If you can demonstrate that the employer knowingly lied to you during the recruiting phase in order to induce you to accept the job AND that you have damages as a result, you might have the basis of a civil cause of action. At this point, I don't see that you have any damages though - you have a job at the rate of pay and benefits offered.

If you want to pursue this, you'll need to speak to an attorney. As I said, this is a civil issue that will be based on your State's applicable case law. There are no statutes that prohibit this.

 

[cindy5611]

I was fired yesterday ... as far as if i believe i was lied to at the interview... i believe a deliberate course of action was taken by the manner in which i was hired... the HRM was responsible for hiring me because there was no ofc mngr, if I would have interviewed with the person who the head of the dept made the ofc mngr - i would not have accepted the position...so they deliberately waited until i was hired and gave two wks notice before putting this person in place as ofc mngr. i have requested documentation to show when the memo was typed, who typed it, who it was distributed to etc... to try to see if indeed the HRM knew about the course of events

 

[Beth3]

Why were you fired?

 

[cindy5611]

The reason I was fired is not the reason I am trying to assertain whether or not I have legal recourse.... because I would not have accepted the position had the ofc mngr interviewed me... that is why they waited to put her in that position... but she claims I was fired "because there was too much turmoil in the office" which translates to ...she discovered that my parking was pd for & hers was not, and that I was making more $ than her & that the MD agreed to increase my salary by 3K in 9mos. so... she targeted me... you name it - she accused me of it going to the MD instead of her with concerns..yet she was not approachable with anything, stating she was handling matters...etc...so my complaint is that they purposely waited to put her in place as the ofc mngr knowing that they would have a difficult time filling the position with her doing the interview.Also I was told by both the HR manager & the MD I was hired to work for that the MDwas my immediate and direct supervisor and that I would answer to him for anything... overtime, etc...only to find on the day I walked in that there was an ofc mangr

 

[Beth3]

The reason I asked why you were fired is because it is pertinent as to whether you have any damages as a result of being mislead duriing the recruiting phase. Even if they blatantly lied to you, YOU HAVE NO CASE unless you had damages as a result. Lying in and of itself is not illegal.

It does not appear to me you have the basis of a lawsuit but you will need to speak to an attorney practicing law in your State to find out for certain.

 

[cindy5611]

What constitutes damages? It cost me my job, is that not enough? you mention civil action and case law - where can I go online to investigate my states applic. law? I am not seeking monetary compensation, although those who have gone before me may be entitled to that - I am looking for justice... when I interviewed for this position I fully expected to be held accountable for everything and antything I stated in my resume and my personal interviews - I expected to be investigated with regards to my qualifications and I expected my referrences to be checked. I took seriously the position I was being evaluated for. In turn this was an opportunity for me to gain information about my prospective employer. lets cut to the chase... they knowingly went about filling this position in a manner that was unprofessional and called into question the personal integrity and ethical standards of many individuals... I would like to bring attention to the severity of the consequences of such behavior, as evidenced by the 10 people in the past yr who have either been fired or who quit due to circumstances which could have been prevented and should have been corrected before I came along... & if calling attention to these matters means taking it to another level, then I owe it to those who have gone before me and those who will follow me or I would be doing them a disservice. There are still good people in this world... who choose to make a difference no matter the cost....

 

[Beth3]

You will need to speak to an attorney to determine whether you actually have the basis for a suit and whether being fired can be considered "damages" in these particular circumstances.