I recently was recruited for a contract software engineering role with a bank. The recruiter on several occasions through emails and phone messages emphasized this was a software engineering role. The name of the role is even in the W2 agreement.

However, after I started, I found out what I would actually be doing is significantly different and is really a different role altogether.

Is this considered fraud? I was absolutely lied to. I know in sales selling a product using incorrect information would count as fraud. Does the same apply here in being recruited for a job?


Can I sue if I was misled or lied to about the job I would be working

Yes, but only if you can prove that your reasonable reliance on the employer's representations prompted to leave your former job and/or decline other projects/positions. You would need to persuade a court that your current employment (1) has worsened your circumstances in terms of compensation and/or career-wise; and, if employment is at-will, also that (2) resigning from your current job would not undo the loss you incurred as a result of taking this job position.

The particulars of your situation would determine whether your claim(s) meet the prima facie elements of fraud and/or breach of contract.

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