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  1. #1
    Join Date
    Dec 2005

    Default Lawsuit for Misrepresentation of a Job Opportunity

    Hello, (and thanks Knowitall for answering my last post):

    I have had a terrible work history. I was either laid off, fired for being out sick, or just in a awful job (except for one, which after 9/11 well, I was laid off) Anyway...

    The most recent job that I accepted involved an interview in which the HR manager represented the opportunity by describing it as "the job your friends and others have all spoken about, but you never could seem to find" "our little Nirvana" (several times) and other expressions that built a false sense of what the job was about, such as "no promotions based on nepotism" etc. Also, the job was described as being an "agent" or "representative" dealing with health insurance (Medicare Part-D enrollments) but absolutely "NOT SALES" "not selling anything" "no pressure" "inbound calls only" "this is NOT a call center" and other definitive statements.

    Well, now having been here for about a month, I have seen the absolute opposite. It IS a call center, we only do outbound (very little inbound calls), I have seen people promoted since the beginning from having friends on the inside that worked with them at other call centers. I have also heard supervisors refer to enrollments (to me personally) as "sales"

    This, to me, was a gross misrepresentation and a luring in of unsuspecting individuals who were tired of the call center rut, that were looking to be a little something more dignified (as we had to become licensed health insurance agents to get and keep the job, although some have stayed having failed 4 or 5 times).

    I think it is about time that someone be brought to account for this. I am certainly not the only one, and I think it is a shame.

    Can I sue for misrepresentation of the opportunity or am I just stuck?


  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Difference Between Interview and Actual Job

    So you were interviewed by a former military recruiter? :wink: (A little joke about some of the similar complaints made by recruits.)

    Assuming you did have a cause of action, in terms of trying to prove a case....

    The first problem would appear to be one of fact versus opinion - is the recruiter's interpretation of your job a plausible (even if far-fetched) opinion as to what the job entails?

    The second problem would appear to be one of reliance - did you rely upon the representations in taking the job, or would you have taken the job anyway?

    The third problem would appear to be one of damages - if you were out of work, and had no alternative job opportunities, how were you damaged by taking this job?

    And then there are issues of proof - if the recruiter denies any misrepresentation, how would you prove misrepresentation?

    You can talk to a local plaintiff-side employment lawyer about the possibility of litigation. But for now, it seems that your priority should be finding a better job.

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