Fraudulent representation
An employer represented to me in the job interview that pre-qualified appointments would be made for me. I had to go in and consult/sell. Many of the appointments were not in fact qualified. *** Several of the appts were with customers that my employer previously had problems with - but the employer apparently had no way of knowing this before I went to the customer. They COULD have known if they'd do a little internal cross-checking of their records. The bottom line: Their lack of investment in equipment and time to save me from going to bad appointments, along with their fraudulent claim of PRE-QUALIFYING appointments, COST me $5000+ in miles, times, etc. - I was paid commission only - so these bad appointments cost ME money, but they don't cost the employer anything. Might "constructive termination" or fraud laws apply?
1 answer | asked Jan 29, 2002 4:29 PM [EST] | applies to Illinois
Answers (1)
The short answer is that if you suffered damage (as you described) because the employer made false representations to you, you may have a claim for "detrimental reliance". In short, you relied upon the employer's representations to your detriment, and it cost you money.
Constructive discharge is not really a cause of action, but a way of claiming that you were discharged when you quit. That's fine, but the discharge has to be illegal before you can recover anything.
posted by Aaron Maduff | Jan 30, 2002 6:20 PM [EST]
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