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misprepresenting employee lies about job

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Bcar1463

Member
What is the name of your state?Tx (where this took place anyway)

Hi, this is concerning a friend of mine who has recent suffered a very difficult situation. His parents are seperated and he lives in Ohio with his mother. His father lives in Texas. Through social networking, somehow his father got in touch with the CFO of a small to intermediate-sized company, while they were talking his father brought up the subject of summer employment, and the CFO said she could arrange a good, well-paying job for his son at their company. This news was passed on and my friend got in touch with the CFO and they talked about the job and details. He was assured by the CFO that the job was "100% his." With this job set up, my friend packed up and moved to Texas for the summer, quitting his decent job in Ohio. Upon arriving in Texas, the Monday he was supposed to start work, he was told by the CFO that the HR guy who does training is out of town for the week and there would be no purpose of him coming into the office until he returns. Starting on Wednesday of that week, he began trying to talk with the CFO to confirm his new start date and make plans. He couldn't get ahold of her and she wouldn't return his calls. Finally, he was able to get ahold of the CFOs daughter, who contacted her mom and told her to call the guy back. Late Sunday my friend finally gets ahold of the CFO, but the CFO says the HR guy is out again on Monday to to call back Tuesday. On Tuesday, he again cannot get ahold of the CFO and finally contacts the company to go straight to the HR director and leaves a message. The HR director calls back a little later confused, and says that the person who they thought was the CFO, was just a normal marketing employee (a pion at the company), and had no authority over the hiring process. He was also told that this promised position, does not and never did exist. Upon explaining that he had been promised a job and moved there from Ohio to take it, the HR director hinted that the so-called "CFO" would be questioned about it. So my friend is not only screwed out of a would have been great job, but has also quit a good job back in Ohio and moved all the way there, and will not be making NEAR the amount that he would have in either case. We were wondering if there would be any recourse against this "CFO," at least to make up some of his losses. We still have no idea what motivated her to do this.
From my first thoughts, I would either assume a lawsuit for Breach of Contract or Communications Fraud would be most appropriate. The contract was only ever verbal over the phone. Also, does Communications Fraud apply if someone intentionally misrepresented themselves and a situation to defraud someone of money, even if they didn't stand to gain from it? Thanks in advance, this is a kinda long read.
 


cbg

I'm a Northern Girl
It's not breach of contract since the individual had no authority to enter into a contract in the first place; nor does it sound as if all the elements of a contract were met.

I've never heard of Communications Fraud. Maybe someone else will know something about that.

I'm not saying nothing can be done, but I think your friend needs to talk to a local attorney about possible options. It's going to depend on a lot of specifics and on state definitions of fraudulent concepts.

With all due respect to your friend, are you telling me that he quit a well-paying job and moved halfway across the country on the basis of a phone call with an unidentified voice on the other end of the phone? That at no time did he speak to anyone in HR? That at no time did he receive anything in writing from the company? That he only had his father's assurance that this person was the CFO of anything? Never looked at the company's website to find out who the officers were and how the company operated? If so, I think your friend needs to get clued in as to how hiring generally happens in this country.
 
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Beth3

Senior Member
Everyone who has quit a well paying job and moved across country based on nothing more than a phone call with someone you don't even know, please raise your hand.








Hmmmm. I thought so.
 

Bcar1463

Member
I think I see what you mean about the contract. She was in no way authorized to offer a contract of employment by her company. But, is this the only contract that would be applicable here? Could it possibly be just a contract between two people, to exchange items/services, i.e., money for work, or is that always a contract of employment? I am unclear on these specifics.

here is some technical, official info I have found on communication fraud http://www.ifd.state.ut.us/Statutes/Communications.htm

The job he had was only "decent," only a little better than a fast food place or something like that. He was "supposed" to get a job working as an intern in the field of study that he was majoring in in college, so it was kind of like a preview for him. I would have tried to get something in writing at least, he said he had no reason to doubt that the other person was lying about pretty much everything. I did recommend he at least talk with an attorney, he could probably find one with a free consultation who could tell him if he had much of a case. Thanks for the help!
 

Beth3

Senior Member
It's possible your friend may have the basis of a civil claim against the "CFO" for detrimental reliance however part of the problem here is that his damages are quite limited. This was only a summer job.

The cost of pursuing a civil claim could far outweigh his damages. Your friend is free to consult with an attorney of course.
 

cbg

I'm a Northern Girl
The link you posted appears to be Utah state law. It would not be applicable in this case.

As stated before, he may have some course of action against her but he is going to have to speak to a local attorney about it to determine whether it's worth his while to do so or not, and if so, under what statutes.
 

Bcar1463

Member
cbg said:
The link you posted appears to be Utah state law. It would not be applicable in this case.
DOH! ;) ya, that was kinda dumb.

Compared to the job as promised, he would have lost about $4000 over the summer. But if he had just stayed home and continued with that job, his potential loss in wages probably won't exceed $1500. He lost a week moving down there and another one waiting on the "CFO." And now he is searching for any type of job he can find, which will be at a significantly lower salary than either of the above. Is this something that could be settled in small claims? My advice to him at this point is, talk with a lawyer. Thanks again!
 

cbg

I'm a Northern Girl
I'm sorry, but I don't know what guidelines or limits TX law allows for small claims.

He has to talk to a lawyer.
 

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