Do I have a fair claim to sue my employer for breach of contract?
Let me first say that I resigned from a previous position at a different employer (which I entirely regret in hindsight) to accept this job. After accepting the job MANY of the agreed upon terms were altered or completely changed.
The terms were given to me on letterhead by my employer before I resigned from the previous position. Upon starting my new job I was given a new letterhead with new terms. The job I was hired for and agreed to accept was completely changed and I now have a new job title. This has happened multiple times in less than 6 months.
In addition to this, I was told I had a set schedule of Monday-Friday 9-5. For the past 5 months the employer has required me to come back to work at odd hours of the night and early morning (anywhere from 10 PM to 4 AM) for no pay.
In summary, the job was completely misrepresented. I gave up a much more professional working environment, benefits, and a job that was much more enjoyable which I cannot get back. I believe my current employer has breached both written and verbal contract (although the letterhead is not signed by either party).
Answer
You can always file suit if you have a reasonable factual basis for your claim. However, I'm not clear on whether you can show what your damages are. What is the monetary value of a better working environment? Are there quantifiable differences in the two jobs that would help a court affix a damage number to your claim? And did the employer do a bait and switch to lure you away, all the while knowing they were misrepresenting the true nature of the job? In short, I think we need more specifics before answering this question.
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