Fraudulent Induced Employment

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Fraudulent Induced Employment

I was hired as a full-time exempt HR business partner. I moved my family across the country for the job. Then, after 30 days, the my duties and location changed. The director of the department became very hostile. She wanted me to track my hours and send all of my email to her first. I reported this to the SVP and company attorney. They brought us both into a room and read aloud what I had told them. Then asked us both to take 72 hours to think about communication training and how we could work together. I just want to be done with this company but need unemployment until my next career. If I submit a resignation will i be able to receive unemployment in the state of ND?

Asked on November 14, 2017 under Employment Labor Law, North Dakota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, you will not be able to receive unemployment: your resignation will be seen as a voluntary separation from employment and so will deny you benefits. This was NOT fraudulent inducement: unless you had a written employment contract for a defined or definite term (such as a one-year contract) which was still in effect and which they violated, you were an employee at will and they could legally change the terms, conditions, duties, location, etc. of you job at will. If after you were there for a time, even a short time, they decided to change your job, that is their legal right. Changing your job after you started it is not "fraudulent inducement": it is simply an employer exercising its rights under "employment at will."
If you did have a written employment contract for a definite term which defined your job and which terms were violated, it's a different story; you could then sue them for breach of contract to enforce its terms.


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