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New to forum. I recently started a position and quit because I was not informed that heights were part of the job. I have a fear of them and therefore could not perform on the job. Also, the only reason I took the position was because I wanted to be a driver. It was communicated to me that we would be crossed trained for warehouse work which I was fine with but after I started I learned that they were bringing drivers from other locations and we would be full time warehouse employees. I did not agree to that. I left a job that payed more for a job I would enjoy (driving) but it wasn't so.
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)
Ask a lawyer. I don't think you have a chance. At best you might be able to collect unemployment (if you are unemployed) on the basis that you left with good cause because you were assigned duties materially different than stated. You might also check if they are in compliance with OSHA requirements if you are having to work at height.
I would have to pull up the job description (they have since re-posted the position but this time just for warehouse work, no driving mentioned). During the interview it was stated that we would be cross trained for the warehouse work, but our main purpose would be driving. I not only left a better position but I waited a month and half to start this position. During that time they must have changed plans without checking in with us new hires. I would say that they complied with OHSA well.
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.
Keep in mind that evidence is what you can prove not what you know. Unless you have a recording of the interview, you can't prove anything they told you.
Job offers are usually not a guarantee of specific job duties. Your job duties are generally any reasonable duty the company deems necessary in that position. No interview or job offer could possibly list every single job duty you will or will not have. If you are hired for a warehouse job it might be unreasonable for them to task you with making sales calls or fixing the electrical system but anything that is generally related to working in a warehouse is fair game. If a warehouse has 20' high shelves then climbing a ladder (in accordance to OSHA standards) and stocking something is perfectly reasonable, regardless of whether that was specifically mentioned in an interview.
You need an employment rights lawyer to give you a definitive answer but I don't see any basis for a suit based on what you've posted. If it were me, I wouldn't waste my time or money pursuing it.
It's not uncommon for job descriptions to change even after you've been hired and employed for a couple of years. Companies are constantly reevaluating their needs.
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.
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