Suing for False Job Description (employed, interviewed, application, applications)
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I do have the job description in my emails. It states being cross trained for warehouse in the event that someone calls off, etc. And nothing about heights.
Why would there be anything about heights? It's a warehouse, standard to store stuff up high, that's pretty much a given. Did you take the job without having ever been in a warehouse before?
You want to sue an employer because the job description did not say that heights are involved? Can you also sue an employer if you apply for a job, and the job description doesn't say that you need to wash your hands after using the restroom?
There is no law that employers must list every single duty that employees will be asked to do on the job. That would be ridiculous. Looking for jobs would be a pain, because every help wanted ad would be about 2 pages long.
If the job specifically said, "no heights involved", but heights are involved, then maybe you could talk to a lawyer. But please don't start up a lawsuit because the job description was not as thorough as a carefully written out contract. That would just open up a whole can of worms making employment a big hassle for a lot of other people.
Maybe employers shouldn't be allowed to LIE to people about their company and/or the jobs available.
Aren't enough people tired of getting a job and having it be nothing like what was stated? OR being interviewed when the company already knows who'll get the job. Why shouldn't stuff like that be stopped….
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If the job specifically said, "no heights involved", but heights are involved, then maybe you could talk to a lawyer.
I do have the job description in my emails. It states being cross trained for warehouse in the event that someone calls off, etc. And nothing about heights.
I can't imagine why you would have a winnable case against this employer unfortunately. Just about every job description contains an 'other duties as required/needed' notation. I am sure this is disappointing but if I were you I would begin looking for new employment right away if you are so unhappy. This was not a complete loss - it was a valuable learning experience.
I do have the job description in my emails. It states being cross trained for warehouse in the event that someone calls off, etc. And nothing about heights.
No job description/posting is going to provide every minute detail and consider any phobias you may have.
Also - company strategies/needs change all the time. Meaning your job may as well.
Can you sue - sure. You can sue anyone for anything. The key here is if you have a case.
I'm no lawyer (and if you are looking take legal action, you should talk to one), but I'd say no. You can argue whether or not your offer letter is an actual contract. But regardless, unless it specifically spells out all the terms of your work, I don't see how you have a case.
Besides, in most states - job offers are at-will. Meaning the terms can change for any, or no reason (outside from those specifically spelled out). I can offer you a job tomorrow. Then decide that I actually don't need you and fire you the next week. The opposite is also true - you can accept my offer, but then walk out on your first day.
I'm surprised more people aren't concerned about workers getting scr weed by employers who lie. Not that this employer did, but we all know they do. Maybe that should be challenged. Why SHOULD they be allowed to lie to be interviewees, who have no way to do due diligence from the outside.
Why should a company be able to lie, hire you, and then you find out it's nothing like what they said.
IF it were a case of an applicant being able to verify or check out certain things the interviewer says, and be able to to do due diligence and they didn't -- that would be one thing. Then it IS buyer beware.
But if the interviewer has all the info and there's no way a person can find out otherwise -- then, no, I don't think they should be able to lie and mislead job applicants. (who are by default at a disadvantage.)
IMO, here's the likely scenario: company hired too many PT drivers and didn't hire enough warehouse workers (due to crappy planning or changing business conditions or whatever) so they can 1) have the PT drivers work more warehouse hours or 2) fire the PT drivers and hire new warehouse workers.
Of course from the employee's perspective, it sure looks like a bait and switch (because bait and switches do happen from time to time) when option 1) is taken but ..the employee is in a worse spot if option 2) is taken.
Ask a lawyer, if you can sue, do it. And welcome to the forums, be aware, there a lot of nay sayers who will make it seem like you have no case/are whining/ that its not the economies fault and its yours, so be aware.
Please. No offense to the OP but this sounds like some low level job. Put your energy into finding another one and this time make sure to ask about heights.
You pursues a lawsuit when you take a position and move to another city, after interviewing four times, and uprooting your family. and than they pull a fast one on you, not something like this.
Besides this is a job in a warehouse, that usually means things stacked up high on pallets. First thing I would have asked is "do I have to get involved with that?".
Our country is way too lawsuit happy. No, you don't have a case. We've all been lied to in job descriptions. Now is the time to put your big girl panties on and either tough it out or quit.
Exactly. And if you know you have a fear of heights that overwhelms you and you're going to be working a warehouse, you make this clear and ask.
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