Employee Agreements |
August 07, 2021

What Is Employment Fraud?

Searching for a job can be an incredibly stressful experience as it has become harder and harder to find employment in the US. Yet, one of the worst things often experienced by those who have been hired is being employed under false pretenses. One of the most significant issues employees face is employment fraud. 

Should you or someone you know be experiencing employment fraud, you might want to consider utilizing the services of a California employment attorney that specializes in this area of law. The attorneys at Minnis & Smallets are some of the best suited to tackling employment fraud lawsuits. They can help you seek justice for the indignity you are facing. 

What Exactly Is Employment Fraud?

Essentially, employment fraud is an attempt to defraud people that are seeking employment. Employment fraud occurs when employers knowingly misrepresent certain aspects of your job, either in writing or through a conversation. For example, an employer may be liable for fraud when it misrepresents the terms or conditions of the job, the compensation to be paid, the kind of work to be performed, or some other material fact. 

How Do You Prove Employment Fraud?

A large body of state and federal laws effectively protect employees hired and terminated under fraudulent premises. However, in California, employees still need to prove the elements of a fraud claim. If an employee is hoping to prove their employer engaged in fraud, they need to show the following:

  • The employer showed an intent to deceive the employee.
  • The employer made false representations concerning the job.
  • The employer knew that it was hiring the employee with false misrepresentation, or made the misrepresentation recklessly. 
  • The employee suffered damages because they relied on employer misrepresentations. 
  • The employee is harmed by acting in the belief that the statement was true. 

Examples Of Employment Fraud

Below are two few examples of employment fraud that could mean you have a valid claim.

  • Your employer knowingly provided you with false claims surrounding your salary and guaranteed bonuses to lure you to the position they now refuse to pay. 
  • You relocated for work because you believed your employer about the work offered, the sanitary conditions, the length of time the contract would be for, the amount of pay you would receive, and the existence of work. 

How Do You File A Lawsuit For Employment Fraud?

If you wish to initiate an employment fraud claim in California, you need to file it with either the state’s Small Claims Court or the State Superior Court. Usually, which court you decide to file your claim with will depend on the amount of damages you will potentially be owed. 

Often if you have a minor case, you should opt to file a claim with the Small Claims Court in California as you don’t need a lawyer. Employment fraud claims with the Small Claims Court have a maximum reward of $7,500. 

When you have a more significant case and expect to receive a large sum of money for the damages you incurred due to employment fraud, you should file your claim with the State Superior Court. Should you choose to go this legal route, you will need to utilize the services of a lawyer as filing a claim with the State Superior Court can be much more complex. 

Contact An Attorney That Specializes In Employment Fraud Today

You don’t need to fight your employer on your own if you have been wronged. In most instances, employment fraud is difficult to understand and often hard to prove. Yet, with the help of a California attorney who specializes in employment fraud, you can seek the compensation you deserve. At Minnis & Smallets, we know the legal nuances surrounding employment fraud and can help you build a case against your former employer. Get in touch with our San Francisco firm soon so that we can help you fight your previous employer legally.