I was hired for a market research position by a pharmaceutical company in the Philadelphia area. When I started, I was directed to complete tasks that were more appropriate for a data scientist/analytics professional and for which I had no skill. Six mont
I was hired for a market research position by a pharmaceutical company in the Philadelphia area. When I started, I was directed to complete tasks that were more appropriate for a data scientist/analytics professional and for which I had no skill. Six months later, I was terminated in a restructuring because I did not have the right mix of skills (slating). I feel I was deceived during the interview process and have a case for breach of contract.
3 answers | asked Oct 12, 2016 07:20 AM [EST] | applies to Pennsylvania
Answers (3)
The Pa. Supreme Court held that claims of misrepresentations are not exceptions to the at-will doctrine. However, during the course of employment, the parties must act in good faith.
posted by Doris Dabrowski | Oct 12, 2016 07:53 AM [EST]
posted by Doris Dabrowski | Oct 12, 2016 07:53 AM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law applies, unless otherwise specified.
That being said, attorney Leah gave you good advice. The only other claim you might have is if you moved from out of state or undertook a significant detriment to become employed by your company (other than merely turning down other offers). This may create an 'implied' contract - but this is a difficult claim to make most of the time. It is most likely you have no legal claim for the termination (unless you were treated differently than similarly skilled employees of a different race, gender, age, religion, etc.).
/Christopher E. Ezold/
posted by Christopher Ezold | Oct 12, 2016 07:41 AM [EST]
That being said, attorney Leah gave you good advice. The only other claim you might have is if you moved from out of state or undertook a significant detriment to become employed by your company (other than merely turning down other offers). This may create an 'implied' contract - but this is a difficult claim to make most of the time. It is most likely you have no legal claim for the termination (unless you were treated differently than similarly skilled employees of a different race, gender, age, religion, etc.).
/Christopher E. Ezold/
posted by Christopher Ezold | Oct 12, 2016 07:41 AM [EST]
You would not have a claim unless you had an actual employment contract or employment agreement with the company which they breached. A determination of whether they breached any such contract with you would require a review and analysis of the document.
If you did not have an employment contract, you were likely an employee "at will." As such, it would be very difficult for you to state a claim for breach of contract. An employer can terminate an at will employee for any reason, so long as it was not for an illegal reason.
Of course, you may have a claim for unemployment compensation, and you should apply for benefits from the state.
posted by Scott Leah | Oct 12, 2016 07:26 AM [EST]
If you did not have an employment contract, you were likely an employee "at will." As such, it would be very difficult for you to state a claim for breach of contract. An employer can terminate an at will employee for any reason, so long as it was not for an illegal reason.
Of course, you may have a claim for unemployment compensation, and you should apply for benefits from the state.
posted by Scott Leah | Oct 12, 2016 07:26 AM [EST]
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