Do i have a case for wrongful hiring/an employer who mislead

I moved to Rossland BC from Vancouver BC, as I applied for a job with Selkirk College to be a first aid instructor for them. Myself and the woman who hired me, made arrangements as I was in Vancouver for an interview in June 2019. I had my interview and was hired. I signed a non-compete and my employment agreement, and then was told that they would have me observe a class and then complete my co-teaching with another instructor and have an assessment of competency done.In the meantime, I was given an opportunity to try another type of job out titled 'Equipment Coordinator' Carol (the woman who hired me) said I would be responsible for cleaning and reordering the equipment. The only thing she told me regarding compensation for the position is that I would not be paid milage. When I met with Diane (the woman who was stepping down from the Equipment Coordinator position) she immediately told me all the negative issues regarding the position, and at first I thought she was just venting, but then she said 'you don't get paid milage (which I knew) and you don't have set hours. You could work for 5 minutes and drive an hour and get paid nothing, or you drive an hour and work 3 hours. You might be asked to drive down to a campus to pick up a piece of paper.' This was never disclosed by Carol when I agreed to try the position.As for the first aid instructor side of it, Diane told me that day that the schedule for the whole year was already done and Carol probably won't have me teaching for awhile.I emailed Carol to decline the position for Equipment Coordinator and inquired about Diane's statement regarding the schedule. Carol said I wouldn't be teaching until January 2020 but their "might be" some courses in November.I have an email from her stating there were going to be courses for me in the summer to complete my co-teaches, then another one saying she already did the schedule for the summer. I have an stating there would be classes in the fall, and then another one saying she already did the schedule for the fall. She also lost my non-compete and my employment agreement, and is asking me to sign another one.

Asked 7 months ago in Rossland, British Columbia
Categories: Labour & Employment

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Dana Quantz

Answer by Dana Quantz

Not VerifiedBritish Columbia lawyer

It is possible to make a claim for negligent misrepresentation in an employment relationship. The scenario you describe does suggest some misrepresentations by the employer and potentially constructive dismissal. 

However, I think that the important piece to consider is the value of the damages that you have suffered because of the misrepresentations and potential constructive dismissal (e.g. the refusal to give you shifts can constitute such a dismissal).

The obvious losses that may be claimed for the negligent misrepresentation are the moving costs there and potentially the costs of moving back. If you left employment to try this position, then you may also seek those wages lost.

The constructive dismissal case would focus on the lost wages as based on either the terms of contract or reasonable notice as determined by the common law. It is difficult to give more advice without looking at the contract.

Items to look for in terms of detriments include (a) if you are part of a union then your claim must go through the grievance process; (b) the contract may limit your entitlement to wages through a constructive dismissal; and (c) you need to take steps to mitigate your losses.

A discussion with an employment lawyer will give you an idea of the value of the claim.

Posted 7 months ago

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact Dana Quantz, or search the Lawyer Directory.

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