QUESTION

Can I sue my employer for misleading me in a postion that was offered and placing me to do a position I never requested?

Asked on Apr 25th, 2020 on Labor and Employment - New York
More details to this question:
I was called to interview for a hr coordination postion when I arrived to the interview the Person I interviewed with told me that she filled the postion that she think I would better fit intake specialist which is someone that basically help with enrollment signing clients up for cdpap. I agreed to that and once my first day of employment I was training to staff cases something I never agreed to . Since then, all I have been going through was psychological stress and anxiety. Because I am so angry I left my other company because of the promises this employer gave me and the dishonesty
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1 ANSWER

Labor and Employment Attorney serving Tarrytown, NY at Urba Law PLLC
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If you have no contract with your employer either union or private employment contract and you don't work for the government then you are probably at will meaning you can leave or they can fire you; no questions asked, no reason needed. Many employees believe their employer has to notify them in writing to fire them, needs some reason to do so or can not change their job duties or job description for no reason. They are wrong. Unless the employer will be breaking a contract or some law they can do any of these things usually with no notice and for no reason. It looks like you are not happy. You need to leave. Don't get fired for gross misconduct or you may not collect unemployment. Look for another job confidentially and discreetly and then leave after you have another job lined up IN WRITING AND FOR A SPECIFIC TERM SUCH AS FROM NOW UNTIL JULY 1 2022. If you don't have a term you have no contract and if you don't have a contract the bait and switch might happen again. Good luck and remember that our entire world will likely look and function much differently when or if this ends so be prepared with a written specific term agreement. Unless you could prove for example that you detrimentally relied on their promise to employ you until you die or until you qualify for social security or for one year, etc... and that you told them that you were incurring expenses i.e. selling a house and moving, and now they are firing you, how would you prove detrimental reliance? Good luck. Stay safe if you are being required to work around others face protection is mandatory for all. Make sure people who look healthy don't kill you with a virus they don't know they have.
Answered on Apr 26th, 2020 at 5:48 AM

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