Job seekers expect honesty and transparency during the hiring process. Unfortunately, some employers post job descriptions that don’t accurately reflect the role they’re hiring for—whether intentionally or not. If you accepted a position based on a job posting that promised one thing but ended up doing something entirely different, you may be dealing with job misrepresentation. In California, this can raise legal concerns.
What Is Job Misrepresentation? Misrepresentation in hiring occurs when an employer makes false or misleading statements during recruitment. This may include exaggerating duties, misrepresenting work conditions, promising non-existent benefits, or significantly changing your responsibilities once you’re hired. For example, if you were hired for a management role but end up performing entry-level tasks, that could be grounds for a legal claim.
This is more than a simple “bait and switch”—when done knowingly, it can be considered fraudulent inducement, especially if it convinced you to leave another job or relocate. Under California law, employers must not engage in deceptive practices that materially affect an employment decision.
Legal Protections for California Employees California protects workers from fraudulent misrepresentation under both contract law and labor codes. If an employee is misled into accepting a job based on false promises or inaccurate job descriptions, and suffers harm as a result (financial loss, career damage, etc.), they may have grounds to sue. Courts may award damages for losses tied to the misrepresentation, such as lost wages or costs associated with leaving a previous position.
California Labor Code Section 970, for instance, makes it illegal for employers to knowingly make false representations about the kind, character, or existence of work to persuade someone to relocate. Violations can result in criminal charges and civil penalties.
What You Can Do if You’ve Been Misled If your current role is significantly different from what was promised in the job posting or interview, you have options. Start by gathering documentation, such as the original job listing, offer letters, emails, and notes from interviews. This evidence can be vital in proving your case.
You may also choose to address your concerns with HR or your supervisor. If internal conversations fail to resolve the issue, speaking with an employment attorney can help you understand whether you have a legal claim and what remedies may be available.
Know Your Rights California employees should feel empowered to take action when an employer’s dishonesty disrupts their livelihood. Whether you’re dealing with a misleading job title, unfulfilled promises, or major shifts in job responsibilities, your rights are protected under state law.
The experienced employment attorneys at Rothschild & Alwill, APC can help you evaluate a potential misrepresentation or fraudulent inducement claim. Contact our Bakersfield office at (661-369-8510) or our Santa Barbara office at (805-845-1190) to schedule a free, confidential consultation. Se habla Español.