Employment Law Questions? Ask an Employment Lawyer.
Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.
This is an unfortunate situation,
in terms of a lawsuit that will be difficult, unless you signed a contract that they have clearly violated,
if they did, you may be able to sue them under the terms,
Also, if you left other employment opportunities based upon there promises,
you could try a detrimental reliance lawsuit, which is where you claim that you suffered financial loss due your reliance, on there
You would argue that due to there promises, you lost better job opportunites,
You may have a strong detrimental reliance lawsuit if you can prove that you would not have left your other
position for this one if you knew the duties, and the false promises made
at the time I applied for the job I was employed with an employer of 5 years, by the time interviewed I was unemployed in an at-will position. While I cannot prove it I think it was because I was looking for new work. But I stop looking based upon the promises made. The job I do on a daily basis is nothing like the job description and am basically a overpriced secretary and i learned after I started that the previous two people in the job did not last long as well. I am not advancing my career in this job, even thought the pay is good I am not using any of my expertise and loosing my footprint in the field.
What you should consider is having an attorney review the job ad posted,
and send a letter to the employer threatening a detrimental reliance lawsuit,
it may be possible they try to settle with you,
at this point, any other options would not be in your best interest,
it may be possible to quit, and apply for unemployment benefits,
however since you left your previous job, for this one, that may hurt your chances as the look back 5 quarters,
I also did sign a acceptance letter. with the following verbiage:By accepting this offer, you will join the XXXX team and will assume the responsibilities of Chief of Staff as outlined in the attached position description. Among your primary responsibilities will be coordination with executives to provide oversight of the programmatic portfolio including alignment of staffing, funding, and development, strengthening organizational capacity, and serving as liaison for the Board of Directors and Honorary Board members.
That would help you in a lawsuit and in your letter to the employer a copy should be sent,
Any lawsuit due the their fraud will be difficult, however a threat of legal action,
would be your best option,
The "attached" position description clearly states the supervision of a administrative assistant to carry out the work. Not a personal assistant but an administrative assistant who will carry out the administrative duties of the Chief of staff and Leadership (One President and One Vice President). With an Admin Assistant I am expected to do both jobs. The amount of work is impossible for one person to do and I am admonished for not completing certain task.
so you could have a good case for detrimental reliance, if you can prove that your reliance on them cost you better opportunities.
If you have any further questions please do not hesitate to ask.
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OK I see, and yes in my opinion my reliance upon them was at the cost of searching for for a job with an honest job description and opportunities to expand my self and my reputation in the field. I would rather make slightly less money and be happy using my skills then in a job where I am asked to perform work that does not involve my skill set. Admin Assistants do valuable work and are an asset to any team but that's not the job applied for,
Thank you for you answers.
Yes, the salary issue is not important as the loss of experience, causes you damages as well.
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