Damages for Misrepresentation

An Employer has a duty to disclose all pertinent information to the Employee in the course of interviews and discussions leading up to the individual being hired. The Employer must exercise reasonable care in ensuring the accuracy of the information they are providing to the candidate for employment. Where an Employer provides incomplete or incorrect information to the Employee, on a matter of some importance with respect to the employment arrangement, and the Employee acts on that information to his or her detriment, the Employer may be held liable for damages for negligent misrepresentation.

For example, where a person quits their existing job, moves their family from one city to another at great expense for the purpose of accepting a job which was fundamentally different from the position that had been described to them, it has been held that the Employer may be held liable for the resulting damages incurred by the individual.

A court will require very compelling proof of clearly misleading information of an important nature which was provided to the Employee in a negligent or reckless way, causing the person to sustain a very real financial loss. These types of claims are difficult to prove in a court of law.

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