Q: Could you advise and offer reference details on a matter of an employer using ‘Bait and Switch’ tactics?
The employer placed an advertisement with ‘Indeed’ for a position with an estimated salary of $69k-$92k. Upon the offer letter/hiring, it was $20.46. After persistent research and enquiring, it led to a wrongful/illegal termination. Could you advise and offer reference details?
A:
This type of tactic is unfortunately becoming increasingly common. Legally, it is difficult for a job applicant responding to such an ad to prove damages because the job applicant will decline the job offer if the compensation is substantially below what is advertised. At best, the job applicant would be able to recover travel costs associated with the job interview which are likely to be low enough for a small claims case.
Now an illegal or wrongful termination of employment is actionable. If an employee can prove that he/she was terminated for a reason that is prohibited by law such as the employee's race, color, ethnicity, sex, religion, age, etc., there are available legal remedies regardless of the bait and switch tactics used to recruit the employee.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
