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I'd be mad too - but I don't think you have a case. Did you try to resolve it before quitting? That's alot of money to lose changing jobs.
Once I took a job managing a dog boarding kennel. Working alone when the owner had to go back to the high school coaching job in football season. His wife worked in some office job or something.
I SPECIFICALLY said "NO SCOOPING, RIGHT?" plenty of times. (Because you had to walk the dogs twice during my "shift".
"OH NO! No scooping".
After about three weeks the guy informs me to scoop in the afternoon. We had a little discussion about his prior statements but still insisted I scoop.
So. The next day I just didn't go back. He called me on the phone for a week or more LOL.
He thought I was just some desperate person but didn't know I only took that job for a little extra income. But if I did need it, I'd be screwed.
Also happened to me at a grocery chain job. Breaking all kinds of labor laws, bait and switching, or scheduling employees split shifts so they don't have to pay the company alloted break. These people get away with murder if they can. I learned alot at that grocery job.
Even when I called their HR to advise they were breaking labor laws (working me off the clock and giving me some nasty stuff to do for spite to make me quit) she said exactly this : "Well you can make them give you your back pay but then he'll cut your hours."
And that's exactly what happened. He gave me my $600 or whatever back pay, then cut my hours from 40 to FOUR. Luckily I expected that and didn't give him the ultimatum until I was ready.
One thing to think about if you sue a former employer is that it might affect your future employment.
Companies do background checks, so they'll find out about the lawsuit (some applications even ask if you've ever sued an employer). Once they find out, you may not be hired.
I wonder about your fear of heights and not mentioning it to your employer, when you knew you'd be doing warehouse work or physical labor things. I didn't know that guys go up on really tall things, but I would expect that I'd at least have to get on a tall ladder or something occasionally. So I would have asked about that in the interview, since I would know that I wouldn't be able to do that.
I think people at shoe stores have to get on tall ladders to reach the shoe boxes in the storage room. I think I've seen HD employees on something tall occasionally (although usu. they are using forklifts). So YOU should have made sure to say you have a fear of heights, and asked about that.
How high did you have to go? Higher than a ceiling in a house? I have a fear of heights, too. But I can handle going on a ladder up to maybe 8 feet or so.
It's a shame you couldn't stay and then wait to become a driver there. You may have had priority for the next driver job, once you proved yourself as a reliable employee.
Good point about the background check. Did not think of that.
This job (the warehouse aspect) involved going up to heights of 30ft about and getting off the crown machine (as someone else mentioned) and onto the racking and moving large objects (tires) onto a pallet. No mention of this in the interview. I've worked in warehouses before and we always used fork lifts to bring the product down to ground level.
More importantly to me is the fact that I signed up to be a driver and cross trained to warehouse, as was talked about in the interview. Things changed without any communication. If they said do warehouse work for a month or 2 and then youll be on the road most of the time, I might have overcome my fear of heights.
Overall, it paid well for what it was I guess but it was a petty job, and I can do better. All your comments make think suing probably wouldn't guarantee a win so probably not worth it.
Good point about the background check. Did not think of that.
This job (the warehouse aspect) involved going up to heights of 30ft about and getting off the crown machine (as someone else mentioned) and onto the racking and moving large objects (tires) onto a pallet. No mention of this in the interview. I've worked in warehouses before and we always used fork lifts to bring the product down to ground level.
More importantly to me is the fact that I signed up to be a driver and cross trained to warehouse, as was talked about in the interview. Things changed without any communication. If they said do warehouse work for a month or 2 and then youll be on the road most of the time, I might have overcome my fear of heights.
Overall, it paid well for what it was I guess but it was a petty job, and I can do better. All your comments make think suing probably wouldn't guarantee a win so probably not worth it.
Ok, if you're working 30 feet, were you harnessed or were their safety rails?
Slightly different, but was/is there a pay difference between driver and warehouse? Did they hire you under a driver pay scale, but then pay under a warehouse scale?
So, can I sue that company for a misinforming job description and interview? Would it be hard to prove? I would be looking for at least the difference in salaries between that job and the previous one (about 13k)
You can sue but unlikely to prevail.
Unless you have an actual employment contract, you are probably under "At-Will" employment which means your employer was fee to end your employment for that position at their sole discretion.
I do think it's unfair when an employer is not transparent during a job interview and misrepresents the job.
Not the salary, but the job itself.
People often leave jobs they like well enough, for jobs they think they may like better, based on the description.
If an employer lies about the job description, they are really misleading applicants/workers.
This really affects people's lives, when they disrupt their lives by leaving one job for another that turns out it is not what it said it was.
It may be that you can't sue for this, but I wish you could.
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