February 2002

WIN AT WORK MONTHLY

A Community Service of DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys
	Win At Work FRAUD IS MORE THAN JUST BROKEN PROMISES Fraud is more than just broken promises. An employer who makes promises to an employee and who later is unable to fulfill them may be liable for out‑of‑pocket losses in a breach of contract claim by the employee. An employer, however, who never intended to fulfill the promises from the very beginning is guilty of fraud, with additional liability for the victim’s emotional distress and attorney’s fees. But most importantly, punitive damages can be assessed to punish the employer, depending on its financial resources and the maliciousness of its lies. Proving fraudulent intent is much more difficult. Of course, written documentation that the employer intended to falsely lead you on is convincing evidence. Oral admissions or contrary actions soon after making the promises help show intent. Obviously, showing hidden deceit is a challenge, but if you can do it, a claim of fraud can be a powerful and lucrative weapon against employers who lie.		Employee Rights Update ANSWERS TO BENEFITS QUESTIONS Retirement and healthcare are two of the most important subjects to employees. Both subjects are complex, convoluted and downright hard to understand. The federal government has come to the rescue with a new toll-free Participant and Compliance Assistance telephone number. Secretary of Labor Elaine Chao recently announced the new service, to make it easier for employees to get answers. “Our goal is to protect the retirement and health benefits of all hardworking Americans,” said Chao. Assisting workers and employers by answering their questions about their benefit plans and providing information about the federal benefits laws is vital to building confidence in America’s private benefit system.” The number is 1-866-275-7922. You can talk with a benefits specialist from your area of the country. There is even a real person to talk to. And you can order publications. Try it out. - Mark J. Keough, Attorney
		Update on our attorneys – Don Sessions spoke on employee rights in regard to the Enron scandal on 40 radio stations coast to coast. Steve Kimball won a major summary judgment motion in one of his lawsuits. He has never lost one involving employee rights.
Look for our answers to employees’ questions in the "Shop Talk" column of the Los Angeles Times’ Monday Business Section or the “Life and Work Q & A” column of the Orange County Register’s "Business Monday" magazine. Click here to add (or here to delete) your E-mail address to or from our monthly mailing list. For more employee rights information or for past issues of Win at Work Monthly, click here for our website, job-law.com; here to order our book, Employee Rights in California; or contact our office directly at 23456 Madero, Suite 170, Mission Viejo, CA 92691, (949) 380-0900, (800) 774-7494, mailto:attorneys@job-law.com. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column appearing in Times/Mirror Publications (including Los Angeles Jobs and Orange County Jobs) and elsewhere. Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion. Readers in need of legal advice should promptly retain the services of an attorney. ©2002 by Don D. Sessions.