Albuquerque, NM asked in Employment Law for New Mexico

Q: Is there a case of False Advertisement or Bait and Switch?

Here's the analogy:

I resigned a good job working as regular employee for hopefully a higher paying job closer to my home address.

I sent the definition of a baker to the boss and she said yes it is for a baker.

I asked her what the work schedule is and she said 8 AM to 5 PM.

I accepted the job

The 2nd day of my work, the trainer assigned to me informed that I will be a car mechanic and work 24x7.

I sent an email to my boss who is on vacation for three days to confirm what the intent of my position is and what is her vision saying that I will be the back-up of my trainer.

I am both certified and experienced baker and mechanic so I can perform successfully both jobs.

The day she gets back, she confirms my job will be a mechanic and it is 24x7.

This is the first time that my boss confirmed this to me.

The next day, my boss called me and gave me the letter of termination.

Please help if it has a case. Those have written proofs.

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2 Lawyer Answers
Marshall Jason Ray
Marshall Jason Ray
  • Albuquerque, NM
  • Licensed in New Mexico

A: Is this a real scenario? You were hired as a baker and then reassigned to duties as a car mechanic? It is not clear from your description whether you have any legal claims. Employment in New Mexico is presumed at-will unless there is a contract stating otherwise. That means the employer does not have to have a reason to terminate you and can do so when the employer wishes. You can quit at any time as well. Employers can also change your job duties under many circumstances and it is up to you to decide whether you will remain on the job or leave. As long as the employer did not have an illegal reason for doing so, such as retaliation or illegal discrimination, you often will not have much of a legal case. You have not provided the reason for your termination, nor have you explained whether you agreed to the assignment of work duties that differ substantially from what was originally advertised. You suggest that you relied on the representations of the new employer and quit your previous job. You don't provide enough facts, however, to accurately assess whether you have any actionable claims.

Trent A. Howell
Trent A. Howell
  • Santa Fe, NM
  • Licensed in New Mexico

A: New Mexico recognizes a claim for basic fraud on proof of (1) a misrepresentation of fact, (2) either knowledge of the falsity of the representation or recklessness on the part of the party making the misrepresentation, (3) intent to deceive and to induce reliance on the misrepresentation, and (4) detrimental reliance on the misrepresentation. See UJI 13-1633 NMRA. New Mexico also does recognize a claim of "fraud in the inducement" of an agreement as grounds to void that agreement. Whether and how these laws apply to you depends on the specific details of your employment.

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