Thank you for your reply and the nice compliment.
I certaintly understand what you are getting at, and in California there is
an implied "covenant of good faith and fair dealing" between all parties to a contract. It would be quite a strain, but if an employee could demonstrate no intention to comply with the limitation on hours set forth in a contract and that this limitation was included for the purpose of deceiving the employee and inducing them to accept employment, a valid cause of action could at least in theory arise there from.
However, numerous judicial opinions have severely limited the implied covenant of good faith in the context of employment disputes.
See, e.g.:"We therefore conclude that the employment relationship is not sufficiently similar to that of insurer and insured to warrant judicial extension of the proposed additional tort remedies in view of the countervailing concerns about economic policy and stability, the traditional separation of tort and contract law, and finally, the numerous protections against improper terminations already afforded employees."
Foley v. Interactive Data Corp.
(1988) 47 Cal.3d 654, 693
And:"The covenant of good faith and fair dealing, implied by law in every contract, exists merely to prevent one contracting party from unfairly frustrating the other party's right to receive the benefits of the agreement actually made. The covenant thus cannot " 'be endowed with n existence independent of its contractual underpinnings.' " It cannot impose substantive duties or limits on the contracting parties beyond those incorporated in the specific terms of their agreement." Guz v. Bechtel National, Inc.
(2000) 24 Cal.4th 317, 349-350
You may wish to consult with a local employment law attorney to see if they would be willing to take your case on a contingency fee basis on the above theory (contingency fee means you only pay the attorney if you win and the payment is a portion of the settlement/judgment, typically 1/3) or on the theory of detrimental reliance if you can prove that you have suffered damage as a result of the representation that you would only work 32 hour weeks.
For attorney referrals, visit this link: http://apps.americanbar.org/legalservices/lris/directory/main.cfm?id=CA
or visit http://www.martindale.com
I particularly like Martin Dale because the site allows you to search attorneys by practice area and also provides attorney ratings.
Again, my number one goal is that you are satisfied with my answer. If you are, I would greatly appreciate your "accept." If you still require further clarification, I am happy to continue assisting you.