Can an employer get away with making false promises?

| Oct 6, 2020 | Employment Law |

Employers looking to expand their team often try to attract top talent by showing the strengths of their company and the potential opportunities the position offers. However, there is a difference between playing up positive truths about the position or the company and knowingly making false promises.

In fact, false statements, fraudulent inducement, fraudulent recruiting tactics, intentionally misleading meetings and other types of deceptive messaging can lead to a lawsuit.

A common narrative for misleading new hires

Employment contracts can help support an employee’s claim of false promises, but they are not the only type of evidence. Emails, letters, verbal statements and other messages can also be useful if:

  • The employer made a promise with or without a contract.
  • The employee made a decision about the job based on what the employer said.
  • The employer failed to keep their promise.
  • The false promise led the employee to leave secure employment.

A common example of a false promise is telling employees they will earn a specific salary if they take the job or receive a bonus or raise for meeting specific goals but never actually delivering on the promise. These sorts of guarantees can potentially lead to employees receiving damages, especially if an employee left a previous job or relocated based on promised compensation that they never received.

Employers need to honor their promises

There are certain rights protected by law for employees who were hired based on false promises. The employer cannot subsequently commit wrongful termination, breach the employment contract or violate any other protections.

It can get complicated

The stress and frustration involved in circumstances like these can make it difficult for an employee to fight for their rights. It can also be challenging to prove that the company made false statements. Many find wronged workers find it helpful to work with an experienced employment law attorney.