CanI terminate my employment and not repay relocation expenses if my employer misrepresented my hours?
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CanI terminate my employment and not repay relocation expenses if my employer misrepresented my hours?
I accepted a job described as typically requiring 10 hours per day. Instead I have been working 12 – 14 hours per day for over a year since starting. I relied on my employer’s misinformation in my decision making process.
Asked on September 15, 2010 under Employment Labor Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You'll need to consult with an attorney on this one, because the case is on the cusp. If someone says a work day "typically" was 10 hours a day, then is it a misrepresentation that it's 12 - 14--especially during a recession, when everyone is working harder? It's not clear, the way it would be much more clear if a 7 hour day turned regularly into a 13 - 14 hour day. As a factual matter, unless there was something in writing as definitive as, "work days shall not exceed 10 hours," it's not a given there was a misrepresentation. A lot will also depend on the exact langua\ge of what agreement(s) or contract(s) you have with your employer, relating to the relocation expenses. You should consult with an attorney, with whom you can share all the details as well as the text of any contracts, agreements, correspondence, etc. with your employer.
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