Misleading Hiring Practice Leads to Bankruptcy

[tlake68]

What is the name of your state (only U.S. law)? Arizona

Hi, I'd appreciate some thoughts as to whether or not I may have cause for a discussion with a local attorney.

Brief background:
I was brought to Arizona to run a business for my company (a large corporation). I was led to believe that it was a larger office with 49 people doing $5 mil in revenue annually and confirmed this prior to accepting the offer. My office in Ohio was 28 people doing $2.5 mil in revenue. As such, I expected this move to result in a substantial pay increase. Two weeks prior to arrival, 21 people and 3.2 mil in revenue left the office leaving me with 28 people doing 1.8 mil. I believe leadership knew this would happen and minimized it to me so I would accept the job. It resulted in a pay cut for me on a quarterly basis.

In addition, this company promised to purchase my house in Ohio (subject to appraisal). Of course, they lowballed me considerably and stuck me with the house in Ohio. Their stance is that the market conditions weren't favorable, but I've come to find out that I could find at least 10 people lowballed over the last few years and believe it's the standard procedure.

So, pay cut followed by a house leaving me with a significant monthly deficit in expenses in AZ.

Then, we merge companies and I, as the new guy, is the odd one out. Didn't even get to interview for my job. (At will....I get it).

What I am interested in is dropping a significant lawsuit on the company for bringing me here under false pretenses and essentially ruining my financial life. I've burned through a 6 figure savings account and a small retirement plan trying to manage it all.

I also believe that there would be plenty of people nationwide with similar tales who would corroborate and/or potentially be involved in litigation.

Let me know what you need to know and I'd appreciate thoughts as to whether or not a local meeting with an attorney would make sense.

Thanks,

Tom

 

[Zigner]

What does your written contract with the company provide for?

 

[tlake68]

The contract is very vanilla. It contains no specifics with regard to the size of the office I'd be leading. Standard, at will employer. Not sure what else you would mean? The premise for the office size was determined based on conversations in the hiring process between me and the group vice president doing the hiring.

The relocation contract was very clear that the house purchase would be subject to an appraisal, done by an appraiser selected by me from a list of approved appraisers provided by the company. (later found out that a conservative corporate appraisal was done and is the norm).

 

[Proserpina]

The contract is very vanilla. It contains no specifics with regard to the size of the office I'd be leading. Standard, at will employer. Not sure what else you would mean? The premise for the office size was determined based on conversations in the hiring process between me and the group vice president doing the hiring.

The relocation contract was very clear that the house purchase would be subject to an appraisal, done by an appraiser selected by me from a list of approved appraisers provided by the company. (later found out that a conservative corporate appraisal was done and is the norm).

I believe Zigner is asking you what do you have, exactly, in writing?

What exactly were you promised, and can this be verified?

 

[tlake68]

Thanks for the clarification. I wasn't really sure....

To that end, I do not have anything in writing with regard to the office size. As I stated, the employment agreement (and with my company it is an agreement after the position is accepted and not a contract) there is nothing stated in regard to any expectation relative to office size.

I do believe, however, that my company archives all emails and I'm sure there were emails back and forth in which the hiring leader was "selling" me on the position and references the office size and revenue of the office. In addition, the initial posting should be available through HR and would likely list the demographic of the office at the time of the posting, which was the size stated.

Hope that helps clarify**************

 

[tlake68]

Not sure if what I just posted really answered your question.....

What do I have, exactly, and can it be verified?

I have a standard "agreement" outlining the nature of a high pay band employee in which the company outlines the "at will" nature of the relationship, the compensation (base only - bonuses are not outlined in the agreement because the company changes the structure annually and does not communicate that until well into the year. For example, this year we didn't find out how we were paid until well in the second quarter, but that is another story). This agreement does not specify anything with regard to individual offices....it is a boiler plate document that all "branch managers" receive upon commencement of their duties as said manager.

I also have a relocation agreement in my possession that outlines what the company will and will not pay for in a relocation and outlines the processes used to execute the relocation (ie. buying an employee's house, for example).

Not sure if this makes it more clear....I guess just not really sure what you would need to know to give a qualified opinion as to whether or not I may or may not have a case. I have a lot of stuff.....it's a very large company and I have come to believe that burying a ton of stuff on a corporate website is part of the M.O. They can always say...oh, it's readily available on the website, except when you search for it you can't find it because it's buried so deep in thousands of corporate memos on the search tool.....

 

[ecmst12]

Doesn't sound like you have a case for anything. You can certainly talk to a lawyer, but if they didn't promise you anything in writing, and they provided what they DID agree to in writing, I think you're SOL.