Different responsibility and position from offer letter

UPDATED: Oct 1, 2022

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Different responsibility and position from offer letter

I applied new job through recruitment agent by
paying few thousand dollars fee.
After I start working at new employer, I realize
my responsibility any department was
completely deferent what I get from official
documents from recruitment agent and
I try to talk to recruitment agent and employer
but I couldnt get any rational explanation.

I would like to get my payment back which I
didnt pay for the setuatuion going on right now
from recruitment agent and accuse them
legally to stop their irresponsible service

Asked on May 5, 2019 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Unless you have an actual written employment contract for a set or definite period or length of time (e.g. a one-year contract with a defined start date) which defines your position and responsibilties, your position and responsibilities are whatever the employer want them to be, and they can change them at will, including going back on whatever they previously promised. Without a contract, you are an employee at will and have guaranty of a given job or position. Therefore, without a contract, you would not have any right to the position or responsibilities you throught you had and have no claim or cause of action, since the definition of your job could legally be changed at will.
For future reference: employees do not pay reputable ecruiters; the employer does. You paid someone who could not legally guaranty you anything, since they have no control over the position, etc. the employer gives you. Giving a recruiter money does not guaranty you anything.

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.

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