• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Hiring under false pretense

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mlsp

Junior Member
What is the name of your state (only U.S. law)? IN

I was hired on to a local restaurant. I had been unemployed for over a year and a half. When I got the call, I was offered a "night cook" job temporarily. They offered me so much an hour and told me that this cook job was only for 2 weeks when they would hire another cook. Also, they asked me to be their night manager. They said they had no experience in the restaurant business (which is true) and wanted my help in making it a success. I would be waitressing and bartending once an older lady left. She left within 2 weeks. I am still cooking and the night manager job does not even exist. Isn't this a "false pretense" hiring? I think I was suckered into taking this job, only because they needed a cook and for no other reason. Also, any suggestions I give to them is answered with "we don't need anyone's help in running our business".
 


Andy0192

Member
I had been unemployed for over a year and a half.... I am still cooking ...
So you're complaining because you're still working?

There is no law I'm aware of that requires companies to back up verbal promises made during an interview. They're allowed to tell you that it's the greatest job in the world, with unlimited potential to advance. You're free to walk out if you're not happy.

Consider that it took you 1 1/2 years to land this job.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? IN

I was hired on to a local restaurant. I had been unemployed for over a year and a half. When I got the call, I was offered a "night cook" job temporarily. They offered me so much an hour and told me that this cook job was only for 2 weeks when they would hire another cook. Also, they asked me to be their night manager. They said they had no experience in the restaurant business (which is true) and wanted my help in making it a success. I would be waitressing and bartending once an older lady left. She left within 2 weeks. I am still cooking and the night manager job does not even exist. Isn't this a "false pretense" hiring? I think I was suckered into taking this job, only because they needed a cook and for no other reason. Also, any suggestions I give to them is answered with "we don't need anyone's help in running our business".
The employer is allowed to dictate your duties.

You CAN get the last laugh thought. Just quit - that'll show 'em!
 

commentator

Senior Member
Well, what you are doing is helping yourself, even if the job does not last forever. Because you are getting vital experience here that will enable you to move into restaurant management, or even to get a job as a cook in a better place.

After a year and a half looking for work, you've probably used up all the unemployment benefits you could qualify for, or are very close to it. If you quit this job, you probably would not be able to start back on unemployment, because you have made the personal choice to quit. However, if the business closes, or you are laid off, or discharged without good cause, you could reopen your unemployment claim, and the wages you have made at this job will help with your continuing to receive benefits far out in the future.

Be looking for the type of job you do want. Be sure to note that you now have additional cooking experience, and make notes for yourself about how to be a manager, what a good manager would be doing, and how you would handle things if you were a manager. Then you may be able to use this experience to get into a better job.

Unfortunately, falsely characterizing the job as a management position is a common thing. If you had quit very quickly, you might possibly be able to say it was "mischaracterized" and be able to get back on your unemployment. But it sounds as though you have worked at this for at least a month or so, and that's probably too late. Anyhow, you'll have these re-earnings now, and hopefully can move on to something better.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top