Truth-in-Hiring what are my rights?

I was interviewed by a company for a position and was hired the same day. I was advised that we would currently be in a call queue, they were hoping until the end of December but that it may not happen until February when the call queue went away. I would take apx 15 calls a day and would be managing account based over $10,000 a month revenue. I asked about 401k, benefits and vacation. I was advised that vacation would be 15 days. The company provided 401k and benefits. I accepted the position. That was on November 28th. In January I was advised of my supervisor who came to visit our site. We questioned her on the call queue, which she advised is not going away and that we were lied to. We would always be in a call center environment. I was also advised in the last week that I am not entitled to the vacation based on my start time. Now, I did have another job offer which I turned down for this company based on that information. Do I have any rights to file against this company? I would have never taken this job at all.

1 answer  |  asked Jan 30, 2008 3:24 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
In Pennsylvania, it is difficult to bring a claim for misrepresentation in hiring.

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 or Federal law apply, unless otherwise specified.

That being said, in Pennsylvania, it is difficult to bring a claim for misrepresentation in hiring. Generally, to bring a claim, the employee would have had to incurred substantial harm in reliance on the employer's misrepresentation; i.e. selling your house in another state and moving to Pennsylvania for the job, only to be fired within weeks for no reason. Under the current caselaw, having the call queue issue change and having foregone another job is likely not sufficient to give rise to a claim. This may seem unfair, but it does not appear illegal.

You are, however, entitled to vacation pay that you earned. If you were told that you had 15 days of vacation, you are entitled to the portion of the 15 days that you earned so far. The employer can only cahnge your pay and benefits prospectively (looking forward) and not retroactively.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585

posted by Christopher Ezold  |  Jan 30, 2008 4:05 PM [EST]

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