Orange County Employment Fraud Lawyer

Orange County Employment Fraud Attorney

Employees frequently rely on information provided by an employer before accepting a position. However, false promises can lead to significant financial losses. An Orange County employment fraud lawyer can review statements made during the recruitment and hiring process and evaluate whether any claims made qualify as fraud.

About Aitken Campbell Heikaus Weaver, LLP

Our attorneys represent employees facing disputes with past and present employers across Southern California. At Aitken Campbell Heikaus Weaver, LLP, attorneys have over 40 years of collective experience with employment cases. If you believe your rights as an employee have been violated, we can provide assistance by reviewing and evaluating your legal and financial options.

Understanding Employment Fraud in California

Employment fraud occurs when an employer makes a false statement that an employee relies on, leading to financial detriment. It is estimated that wage theft costs California employees over two billion dollars a year. However, not every false statement made during the recruitment process is actionable.

Claims are thoroughly evaluated using criteria regarding what the employer said, whether they knew it was false, whether the employee relied on the commitment, and whether that reliance led to financial damages.

California law also specifically prohibits certain misrepresentations made to induce someone to relocate. California Labor Code § 970 makes it unlawful to knowingly make false representations to:

• Persuade someone to move or remain in California
• Cause someone to come into California
• Cause someone employed in California to leave the state

In addition, the law is there to defend employees who were given incorrect information about the job, its duration, their compensation, the rate of pay, certain conditions of employment, and related labor disputes.

Examples of Employment Fraud

The specific circumstances of fraud can vary based on what the employer said and how the employee relies on that information. Employment fraud disputes can arise during the recruitment process, when accepting a new position, or when relocating for a job. Specific examples may include: 

• Claiming a job is available when it’s not
• Lying about what the actual position entails
• Falsely claiming a job is permanent
• Misrepresenting a salary
• Misrepresenting job duties
• Not revealing that there is a labor dispute

Determining whether conduct qualifies as legally actionable fraud depends on the facts of each employment fraud case. For instance, just because a job changes after you are hired does not necessarily mean that fraud has occurred. Our attorneys can help you sort through relevant information, putting you closer to the compensation you deserve.

Employment Fraud Claims in Orange County

Orange County is home to major employment hubs, including Santa Ana, Anaheim, Irvine, and Costa Mesa, all connected by major freeways like I-5, I-405, and SR-55. Specifically, the businesses near and along the I-405 corridor form their own employment hub, and SR-55 connects Irvine with Santa Ana, Tustin, and Costa Mesa.

Many individuals have moved to Orange County from both in- and out-of-state, only to later find out that crucial details about the new role weren’t true. This has then led to financial strain, adding to the stress of moving and other key factors impacting an individual’s well-being.

To hold employers accountable for these disruptions, our team will look for signs of deception. Examples of evidence that may be used in employment fraud claims include:

• Offer letters
• Employment agreements
• Recruiting communications
• Job postings
• Compensation packages
• Relocation expenses
• Paystubs
• Emails, particularly those that show the employer knew about the nature of the representations being made

Employees should retain original emails and texts if possible; the specific language used and the date a statement was made can impact a potential claim. Additionally, under California Labor Code § 972, employees misled into moving for a job may be awarded twice their actual damages when those misrepresentations violate Section 970, showcasing the importance of keeping accurate evidence.

FAQs About Orange County, CA Employment Fraud Laws

Can I Bring an Employment Fraud Claim if I Still Work for the Company?

Yes, you can still bring an employment fraud claim if you still work for the company. A worker does not necessarily have to terminate employment in order to bring a claim for fraud; it is based on false promises or representations made during the offer or application process. If you communicate with your employer about suspected misrepresentations and continue working for the company, be sure to keep records of these communications as well.

Can Verbal Promises Be Used as Evidence in an Employment Fraud Case in Orange County?

Verbal promises may be used as evidence in an employment fraud case in Orange County. An employer’s fraudulent representation does not always need to be part of a written employment agreement to be relevant evidence in an employment fraud claim. However, keep in mind that proving the substance of what was said can be more challenging if it was not recorded.

What Employment Fraud Penalties Can an Employer Face for Fraud in Orange County?

The penalties an employer can face for fraud in Orange County depends on the applicable laws. In some cases, the employer may have to compensate the victim twice as much for damages incurred. Fraud and related claims may allow for different forms of relief. The total amount of damages an employee can recover depends on the losses and the available evidence.

Can an Employer Be Responsible for What a Recruiter Says in California?

Employers may be responsible for what a recruiter says in California, depending on the circumstances. Factors that may determine liability can include whether the individual had authority to make statements about employment offers and whether the employer knew about or consented to the representation. If a third-party recruiting company made the representations, both the recruiter and the employer may be responsible, depending on the nature of their relationship.

Hire an Employment Fraud Lawyer Today

If you believe you were deceived in your employment, hire an employment fraud lawyer right away. An Orange County employment fraud attorney at Aitken Campbell Heikaus Weaver, LLP can help you identify your legal and financial options while working to put you closer to the justice you deserve.

Contact us today for more information about our firm and the services we offer.