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When I was interviewing for a contractor job, the hiring manager indicated many times that they would convert my position to full time job within one year. (I resigned from my full time job to take this contractor job due to his verbal promise).

During this time, I was offered full time jobs by other companies and I did not accept because of the promised conversion to full time. My manager even stated via Instant Messenger that my request was approved and I was going to be converted.

But, now he seems to be playing games and not being straight with me. One year latter, I am still not full time.

Do I have a case to go to court so that he cannot do the same thing to other potential future contractors?

  • Where in the world did this all happen? Laws vary. – bdsl Jul 24 '15 at 13:23
  • United States, New Jersey – user1471980 Jul 24 '15 at 13:27
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One case of a "false promise" suit from an employee to an employer can be seen in the "Toy Yoda" suit, which was settled out of court in favour of the employee.

As seen in this news article:

PANAMA CITY, Fla. (AP) — A former waitress has settled her lawsuit against Hooters, the restaurant that gave her a toy Yoda doll instead of the Toyota she thought she had won.

Jodee Berry, 27, won a beer sales contest last May at the Panama City Beach Hooters. She believed she had won a new Toyota and happily was escorted to the restaurant's parking lot in a blindfold.

But when the blindfold was removed, she found she had won a new toy Yoda — the little green character from the Star Wars movies.

David Noll, her attorney, said Wednesday that he could not disclose the settlement's details, although he said Berry can now go to a local car dealership and "pick out whatever type of Toyota she wants."

After the stunt, Berry quit the restaurant and filed a lawsuit against Gulf Coast Wings, the restaurant's corporate owner, alleging breach of contract and fraudulent misrepresentation.

Therefore, at least in some cases, it is possible to sue an employer (and win) for false representation, especially if such claims are clearly made.

  • do you know any law office that would take this case? – user1471980 Jul 24 '15 at 13:30
  • @user1471980 you could ask a separate question about how in general one would seek and select a lawyer. Keep in mind that this is a site for questions about the law, it is not a place to get legal advice. – Jason Aller Jul 24 '15 at 17:15
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I don't know New Jersey law, but under the common law, it sounds like you formed a valid contract. There was an offer, acceptance, and consideration, and it needn't be in writing because he was guaranteeing performance (making you full time) within one year. Your employer then apparently breached the contract. You can probably sue both the manager and the business, as the business either gave him the actual authority to make such offers, or didn't keep him on a tight enough leash and thus gave him the apparent authority that you relied on in transacting with him. Even if for some reason a valid contract wasn't formed, the doctrine of promissory estoppel applies because you relied on his promises to your own detriment. If you can determine how much money you are in the red because you didn't accept another offer, you might be able to recover that money in a suit.

  • You should add that as well as or instead of damages you can seek an order for specific performance – Dale M Jul 24 '15 at 22:07
  • @DaleM Would specific performance actually be available? Usually equitable relief is only available where damages would be inadequate to remedy the harm... – Daniel Douglas Jul 25 '15 at 3:18
  • An order for specific performance is a relief under contract law – Dale M Jul 25 '15 at 7:35
  • This answer presupposes that the questioner didn't sign a fully integrated written employment agreement, in which case any oral promised not included in that agreement will be extremely difficult to enforce. – chapka Jul 25 '15 at 12:32
  • Chapka, parol evidence doesn't apply to any subsequent modification or evidence after signing, so "My manager even stated via Instant Messenger that my request was approved and I was going to be converted" would override the integrated agreement at time of hiring. – Daniel Douglas Jul 25 '15 at 17:01

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