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  1. #1

    Default Given a False Promise of Employment by Somebody Who Didn't Own the Business

    Hi, I moved from New York to Las Vegas to work in the Cannabis industry. My friend at the time claimed he was forming a company and I could come work for him. We talked about money and I mentioned a figure he said would be fine. I drafted a contract with my demands and he signed it with his letterhead stating "owner" of this company, which I thought he legitimately was.

    When the time came to get paid, the company was able to pay me less than half of what I agreed on with that contract. It turns out that person had no affiliation on paper with the company, he was merely a volunteer. He was not an owner, and not on the board of directors. I spent all my life savings to move here and work for less than half what I expected, but at the end of the day it seems that contract was false since this man falsely misrepresented this company claiming to be an owner and that he would be able to "take care of me" or simply compensate me as we agreed.

    I now ask, what type of lawyer should I seek and what field does this personal dispute of 'fraudulent misrepresentation' fall into? Do I have a case? Thank you for your help I am having difficulties finding what sect of the law this falls under.

  2. #2
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    Default Re: Given a False Promise of Employment by Somebody Who Didn't Own the Business

    This former friend of yours volunteers at a marijuana business. Let's say you find a lawyer, sue, and get a judgment. Does this person actually have money that you could get in order to satisfy the judgment, or is the person likely to turn out to be an uncollectable deadbeat?

    In terms of a lawsuit, you would want a lawyer who is willing to take a civil fraud case on your behalf, but absent significant damages and a significant chance of recovering money, you are going to find that lawyers will want a significant retainer and will charge an hourly fee.

    Did the contract promise you a term of employment, or did it simply promise you a specified wage?

  3. #3

    Default Re: Given a False Promise of Employment by Somebody Who Didn't Own the Business

    Quote Quoting Mr. Knowitall;1om016
    This former friend of yours volunteers at a marijuana business. Let's say you find a lawyer, sue, and get a judgment. Does this person actually have money that you could get in order to satisfy the judgment, or is the person likely to turn out to be an uncollectable deadbeat?

    In terms of a lawsuit, you would want a lawyer who is willing to take a civil fraud case on your behalf, but absent significant damages and a significant chance of recovering money, you are going to find that lawyers will want a significant retainer and will charge an hourly fee.

    Did the contract promise you a term of employment, or did it simply promise you a specified wage?
    Hello, thanks for your time.

    This person actually owns 4 restaurants in nyc through family partnerships.
    Civil Fraud case, understood. I see about the retainers and hourly fee... The few lawfirms I attempted to reach out too for some quick free phone consultation kind of told me that the lawyers will charge for a sit down consultation or phone consultation.

    The contract did not promise a term of employment. It simply offered an annual wage + commission, and had a date for which I would begin work. Signed by this man with the company's name and his personal letterhead stating "owner" and signature.

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    Default Re: Given a False Promise of Employment by Somebody Who Didn't Own the Business

    Quote Quoting Justice4all999
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    The contract did not promise a term of employment.
    Then your damages are about zero. You have nothing. An employer can hire you and promise to pay you the world. Then after working for a minute, the employer can call you in and say, "starting right now, we don't want to pay you that. You can either quit, or accept minimum wage."

  5. #5

    Default Re: Given a False Promise of Employment by Somebody Who Didn't Own the Business

    Quote Quoting chyvan
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    Then your damages are about zero. You have nothing. An employer can hire you and promise to pay you the world. Then after working for a minute, the employer can call you in and say, "starting right now, we don't want to pay you that. You can either quit, or accept minimum wage."
    Hey thanks for replying,

    The contract stated that I were to begin working on October 1st to make X money + commission. You are stating since it wasn't a given time period of a work term, they can say, "starting right now, we don't want to pay you that. You can either quit, or accept minimum wage."?

    My plea is that I would have never moved across the country and invested X money to work for half of what that contract promised. I considered living costs for that salary and since it turned out to be less than half, I was hoping to claim moving costs, living expenses and to some degree emotional suffering for what I had to go through to work up to that 6 month period. What I am understanding from you is that since it was an open ended work agreement with no deadline, that enabels them to say. ""starting right now, we don't want to pay you that. You can either quit, or accept minimum wage." With no legal obligation to honor that contract.

    My point was to figure out how to 'personally' sue for misrepresenting the company and me suffering X amount. If he is not apart of the company than doesn't that cancel this "starting right now, we don't want to pay you that. You can either quit, or accept minimum wage." defense which would seem to be on the company's behalf?

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    Default Re: Given a False Promise of Employment by Somebody Who Didn't Own the Business

    Once you understand that the employer can let you go after a month, a week, a day, then it starts to be come clear that you didn't really "lose" anything promised by your "contract." The employer exercised their right to "fire" you even though you hadn't started, and then offered you a new deal.

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    Default Re: Given a False Promise of Employment by Somebody Who Didn't Own the Business

    What chyvan is telling you is that if there is no term of employment, it is likely that what you have is not a contract at all, but rather an offer letter. I'll bet it also doesn't indicate which state's laws it will be bound under either, does it?

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    Default Re: Given a False Promise of Employment by Somebody Who Didn't Own the Business

    Quote Quoting cbg
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    What chyvan is telling you is that if there is no term of employment, it is likely that what you have is not a contract at all, but rather an offer letter. I'll bet it also doesn't indicate which state's laws it will be bound under either, does it?
    While the withdrawal of a job offer or change of terms, may not provide any legal recourse against the employer, it is important to recall that the person who made the job offer was not the employer and was not authorized to make the offer. It's difficult to know what the person was thinking.

    In Nevada, to pursue a claim for detrimental reliance after the withdrawal of a job offer, it is necessary to prove that through act or conduct the employer expressed an intention to create something other than an at-will employee relationship. Here, the employer did not make any actual offer until the prospective employee showed up with the fake letter. Any cause of action would be against the person who misrepresented himself as the employer and wrote the letter.
    Quote Quoting Justice4all999
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    I considered living costs for that salary and since it turned out to be less than half, I was hoping to claim moving costs, living expenses and to some degree emotional suffering for what I had to go through to work up to that 6 month period.
    Your complaint is against the friend who tricked you, not the employer that actually came through with a job. No employer has to offer you more than minimum wage, nor does an employer who has offered only at-will employment have any obligation to continue your employment, so you don't have a claim against the employer -- but they didn't make the false offer, so even if that were not the case you would not have a basis to sue them.

    Again, if you want to try to sue your friend, you may attempt a lawsuit. You have to consider if a friend who works as a volunteer for a marijuana company is likely to have any money to pay you, should you actually win a judgment. Law firms are not going to gamble on being able to collect money from this person or from restaurants he may or many not partially own through a "family partnership", which is why they're indicating that they're going to bill you by the hour. You can keep trying to find a lawyer who will take the case on a contingency basis, agree to pay a firm by the hour, or consider small claims court (where, even if you win, you would waive any recovery of damages beyond the jurisdictional limit of the court).

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    Default Re: Given a False Promise of Employment by Somebody Who Didn't Own the Business

    I am commenting only on the likelihood that what he has is actually a contract, not on any claim he may have against the so-called friend.

  10. #10

    Default Re: Given a False Promise of Employment by Somebody Who Didn't Own the Business

    Quote Quoting Mr. Knowitall
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    While the withdrawal of a job offer or change of terms, may not provide any legal recourse against the employer, it is important to recall that the person who made the job offer was not the employer and was not authorized to make the offer. It's difficult to know what the person was thinking.

    In Nevada, to pursue a claim for detrimental reliance after the withdrawal of a job offer, it is necessary to prove that through act or conduct the employer expressed an intention to create something other than an at-will employee relationship. Here, the employer did not make any actual offer until the prospective employee showed up with the fake letter. Any cause of action would be against the person who misrepresented himself as the employer and wrote the letter.

    Your complaint is against the friend who tricked you, not the employer that actually came through with a job. No employer has to offer you more than minimum wage, nor does an employer who has offered only at-will employment have any obligation to continue your employment, so you don't have a claim against the employer -- but they didn't make the false offer, so even if that were not the case you would not have a basis to sue them.

    Again, if you want to try to sue your friend, you may attempt a lawsuit. You have to consider if a friend who works as a volunteer for a marijuana company is likely to have any money to pay you, should you actually win a judgment. Law firms are not going to gamble on being able to collect money from this person or from restaurants he may or many not partially own through a "family partnership", which is why they're indicating that they're going to bill you by the hour. You can keep trying to find a lawyer who will take the case on a contingency basis, agree to pay a firm by the hour, or consider small claims court (where, even if you win, you would waive any recovery of damages beyond the jurisdictional limit of the court).
    Again, thank you all for your time and responses, I really appreciate the help.

    Forgive me for the confusion, but the signed letter was actually an Offer Letter to begin work on October for X money with no given term of employment just the start date. So it was not a contract.
    I am understanding that if I have a case it would be a personal one to my "x-friend" to pursue or claim "detrimental reliance".

    I understand I have no case with the company who did pay me about minimum wage. It was my intent to sue this x friend of mine. I understand the lawyers risk or gamble with the uncertainty of this mans assets. It seems my "cheapest" bet will be to find a lawyer who will work on contingent terms. I have only spoke to a few firms and they all said they would charge by the hour and for initial consultation. I was unsure of which area of law this case falls under, but to be clear i should seek for "detrimental reliance", which falls into which broader area of law? So I can know what sect of lawyers I should seek furthermore. Thank you all so much.

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