By Richard C. Busse
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Additional resources for Employees' Rights: Your Practical Handbook to Workplace Law
In their quest to find additional remedies for employees, lawyers tried to apply the same principle to the workplace. The idea being, if a manager lies about the employee’s performance why shouldn’t the employee be able to sue the manager for doing that. Moreover, since the manager was performing his or her duties as manager at the time, (acting within the scope of employment) why shouldn’t the employee be able to sue the company that the manager was serving as well. This effort has met with mixed results.
When that person knew at the time the promise was made that the promise would not or could not be fulfilled, intending that you act in reliance on that promise anyway, that is fraud. Fraud can also be based on a representation made with reckless disregard as to its truth or falsity. Reckless disregard means having an I don’t care attitude. In the law of misrepresentation, it means making a promise without knowing whether it can be performed. An employee may claim fraud in the recruitment process in connection with the promises made regarding the nature of the work, the compensation for that work, or the circumstances in which the work will be performed.
Employees have used misrepresentation as a theory of recovery in other similar cases. 49 Misrepresentation has taken an important foothold in employment law. It has only begun to develop as a powerful tool to encourage honest communication in workplace settings. INTENTIONAL INTERFERENCE WITH ECONOMIC RELATIONS In the commercial context, if a competitor of yours uses unfair competition to injure your relationship with a customer, you can sue your competitor for third-party interference with economic relations.
Employees' Rights: Your Practical Handbook to Workplace Law by Richard C. Busse