Fraudulent inducement of employment in Florida arises when an employer intentionally makes a false statement to trick a prospective or current employee into accepting an offer. If a worker in Florida is a victim of this conduct, they may be able to file a lawsuit against their employer for their false promises and recover damages.
To be able to sue an employer for false promises in Florida, the worker must be able to fulfill the requirements of fraudulent inducement of employment in accordance with Florida state laws. The worker will also have to show that they knowingly and intentionally made false promises in order to get the worker to accept the offer.
It is important to be aware that misstatements of opinions, facts, or mistakes will not be enough to prove fraudulent inducement occurred. It can be difficult to prove fraudulent inducement of employment, especially when the only evidence is a conversation between the worker and employer.
If an individual thinks they were fraudulently induced to accept a new job offer or to remain in their current employment position, it is important to consult with a Florida lawyer for information and advice.
What Are Some Examples of Fraudulent Inducement of Employment?
Common examples of fraudulent inducement of employment involve an employer hiring a worker under false pretenses. For example, when an employer wants to make a job offer more appealing, they may promise a specific salary, perks, employment benefits, raises, promotions, titles, and even specific working conditions that they do not intend to actually keep once the prospective employee accepts their offer.
For a specific example, suppose a job candidate has two job offers and accepts the one that promised a salary of $100,000. However, when they take the job, they are only paid $75,000. In this situation, the worker can sue their employer for fraudulent inducement of employment.
It is important to be aware, however, that when the promises of an employer are outrageous, seem too good to be true, are likely opinions, or could not reasonably or justifiably be relied upon by an average person, an individual may not have grounds to file a lawsuit for fraudulent inducement of employment. This is because the individual should have been aware that they were likely not actually going to be provided.
Another common example of fraudulent inducement of employment occurs when a current worker is trying to quit their job for another one, but their employer promises them a promotion or better pay if they stay. If the employer does not provide what they promised, the worker may have a claim.
It is important to note that this type of claim can be difficult to prove. When a worker can prove their claim, they may be entitled to recover for the losses they suffered because they continued to work because of their employer’s promises.
What Are the Elements of Proof?
All states, including Florida, have their own specific requirements or laws for proving a claim of fraudulent inducement of employment. In general, the elements that a plaintiff must show to prove fraudulent inducement of employment will include:
- The employer misrepresented facts intentionally so the plaintiff would accept the offer
- The employer’s misrepresentation was one of the main reasons that the plaintiff accepted the job or stayed with the company
- The employer’s misrepresentation was reasonable or could reasonably have been relied on by a potential worker or current employee
- Because the plaintiff relied on the misrepresentation, they suffered actual damages
- If the plaintiff had known the true facts, they would not have accepted the employer’s offer
This means a plaintiff will have to show that if their employer had not misrepresented the facts about a position intentionally, they would not have accepted the position and would be in a better situation than they are. It is important to be aware that employers may be able to argue that the misrepresentation was a mistake or misstatement.
For more information on an individual’s specific situation and their ability to show that fraudulent inducement happened to them, it is important to have a legal consultation in Florida.
What Type of Evidence Might Help My Case?
There are certain types of evidence that may be helpful for proving a fraudulent inducement of employment case in Florida. Common types of evidence that can be useful in these cases includes:
- Emails
- Written correspondence
- Recorded conversations
- Witness statements
- The employment contract
- Any other documents showing the misrepresentation of fact
A plaintiff will also have to provide evidence of a financial loss or harm they suffered due to their employer’s misrepresentation, such as:
- They quit their current job
- They passed up a lucrative opportunity
- They relocated to be closer to the job
Their losses can be supported by documents that contain information about the offer that was made to them, their resignation to their former employer, any bills related to relocating, as well as any benefits they gave up in order to accept the fraudulent offer.
How Much Can I Get if I Sue My Employer for False Promises in Florida?
How much an individual will be able to get if they sue their employer for false promises in Florida will vary depending on the facts of their case, but may include:
- Lost wages
- Reinstatement of their employment
- Damages for emotional distress
- Other remedies that a court may deem appropriate
The amount that the plaintiff is able to request in damages will differ depending on the misrepresentation that was made and how it impacted the plaintiff. Proving an employer made false promises can be challenging, so legal representation is important.
Are There Any Defenses to a Fraudulent Inducement of Employment Claim?
When a defendant employer is being sued for fraudulent inducement of employment, there are several defenses that may be available.
All of the elements were not proven
One of these is that not all of the required elements are proven. The employer can argue that they did not intentionally misrepresent the facts or that no misrepresentation was made at all.
The plaintiff relied unreasonably on oral statements
An employer may also be able to argue that the plaintiff relied unreasonably on oral statements. This may arise when the employer makes statements that conflicted with the terms of the plaintiff’s employment contract.
The employment contract
When the plaintiff signed an employment contract, those terms will control, despite what the employer said orally. Because of this, it is always important to have a lawyer review any employment contracts before signing.
The defendant was not aware the statements were false
If the defendant did not know their statement was false, they could not have intentionally made a false statement. For example, if a manager was repeating a statement from the company owner that bonuses would be distributed, the manager would not be liable if the owner was lying.
Do I Need an Attorney for a Fraudulent Inducement of Employment Claim?
If you believe you have been subject to fraudulent inducement of employment or if you are an employer who is being sued for this, a Florida employment lawyer can help. Your lawyer will be familiar with Florida laws and will be able to provide you with an analysis of your case and whether you may have a successful claim.
You can use LegalMatch’s no cost attorney matching services in as little as 15 minutes to find a Florida employment lawyer in your area who can help you through the resolution process. When you submit your fraudulent inducement of employment question or issue on the website, in about a business day, you will get responses from lawyers that include their education, fees, and reviews from other clients.
