Fraudulent Misrepresentation Case Study

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1. Was the employer negligent in how it conducted its performance appraisals? Explain.

The term performance appraisal is defined in the textbook as, “Providing welcome recognition of accomplishments and needed feedback on how to improve performance.” (Walsh, Pg. 589). According to this definition, I would say that the employer was negligent in how they conducted their performance appraisals.
During the female customer services manager employment period, she was evaluated several times, each time receiving nothing but a positive review. As a result of her favorable review, she was reward with a bonus in April and an all expenses-paid trip to Hawaii in May. It was upon her return to work from her trip that she was informed that she was no longer …show more content…

Did it engage in fraudulent misrepresentation? Explain and Interpret with cited support, your position.

The term fraudulent misrepresentation is summarized in an online article titled, “Fraudulent Misrepresentation Lawyers” as, “Fraudulent misrepresentation is one of the three recognized varieties of misrepresentations in contact law. Basically, it means that you not only lied or misrepresented something about a transaction, but that you did it on purpose, in order to trick the other party. Therefore, it is the most serious of all the types of misrepresentation and has the worst penalties.” (Clarke, 2015). Based on the definition provided for this term, I would say this scenario engaged in fraudulent misrepresentation. The employer intentionally lied and fired the female employee with no real reason, because of this the employee suffered personally. The employers decision was made to deceive the employee and could not provide a valid reason as to why they employee needed to be laid off, especially after returning from her expenses-paid trip to Hawaii that the organization awarded her with. The employer could have avoided fraudulent misrepresentation if they were just honest with the female employee during her performance appraisals. If they gave the employees corrections and voiced their concerns, then there would have been a valid reason as to why she had to be laid

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