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 10 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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.