Expert: Morgan Smith - 11/29/2011

Question
Around this time last year, I applied for a videographer position for a
company called Capitol (name?) The CEO, Melanie Williams, replied to my
inquiry and gave me an "audition" assignment, by which I had to complete a
short video in accordance to her specifications.  Upon completion and
approval of my video's quality, she would then offer me a job.

She then sent to me an actual offer letter of employment stating the terms
by which my employment would start.  (I still have this document)  Because
this document had a letterhead complete with professional formatting, I
took this as confirmation that this was a legitimate company hiring me, and
I accepted the job.  

The date of my internship and the date of the start of my real employment
had transpired, so I then asked about my first assignment (of which she
claimed there would be numerous others).  I also asked about the tax
information that she'd promised to send me, so that I could fill it out and
return it, as appropriate for an employee to hand to his employer.  I also
asked about my salary information.  She said it was all forthcoming.  

In a few months, she gave me a first assignment, which was to edit a video
about the SuperBowl.  I told her that I still had not received my tax
forms, nor had she told me about my salary.  (She claimed she did not have
this information on hand at the moment).Our professional meeting took
place, strangely enough, not in an office room, but in a hotel.  Please
note, this wasn't a hotel meeting room, but the lobby (!)  I told her I
could not proceed without this initial employee paperwork completed.  She'd
said that the Superbowl game was imminent, and this work needed to be done,
but she assured me that I would have that information before the next one.
She also said that it was a required part of my job to go on acquiring
footage for future projects every week.  

Since she had offered what seemed like a genuine employment offer letter,
and I'd accepted, I treated her directive seriously, and so I started doing
her work under the presumption that she was my boss.  

After I gave some of my time to her work, I then told her that I would need
additional footage from her in order to finish the job according to her
specifications.  She then told me that this assignment was cancelled.

About a month later, she said that I would have another big assignment out
of town, and I would need to make myself available on certain dates right
away.  I told her that I still had not received any new employee
information, nor any word on my salary figure, as she'd promised.  She told
me that times were "tough" and she'd been too busy (!!!)  I told her that I
would not proceed with any more work for her until my request was honored,
as she'd promised to me.  

Several months had passed since the start of my official employment date,
as detailed in her initial offer letter, and I'd heard nothing back since
my last previous request for new employee information.  (I waited this long
in case she was telling the truth about being busy, she'd eventually get
some down time and honor my request for the employee paperwork)  I e-mailed
her back, saying that she'd lied to me and I was going to report her.  She
then immediately wrote back that the company had decided not to use my
services any more, and that was why I hadn't heard back from her.

Bear in mind that up until I'd e-mailed her a letter stating plainly that
she lied to me, Ms. Williams had sent to me no word at all that my
employment had been nullified.  

Anyway she'd threatened to sue me for slander if I ever went public about
this whole case, so I can't even warn others about what happened to me.
(Apparently someone else she'd hired had also gone public about her fraud,
and she'd sued him successfully, or so she
claimed)  I cannot believe that this person can legally pretend to be a
genuine company offering to hire people and get away with this.  

What should I do?  Is it legal for a self-proclaimed business to make an
offer letter of employment and then suddenly claim that they didn't mean
it?  Is this a civil or criminal case?  This Ms. Williams "executive" did
make me do some work for her, so I feel I should at least be partially
compensated; I haven't received a penny from her at all.  Does nullifying
my employment mean that she does not retroactively owe me for previous work
I'd done for her?

Answer
Dear Job Searcher,

Before I respond further to your question, I must make clear that I do not represent you, and cannot give you individual particularized legal advice. No attorney client relationship is created by this email. For legal advice, you should hire your own attorney, and follow their advice. My role with AllExperts is limited to providing general information and suggestions for educational or general knowledge purposes.

Before you take any action, consult with your own attorney. Speak to an attorney licensed to practice law in your state about the strengths, weaknesses, and likely outcomes of any contemplated cause of action or defense.

Your question is about fraud, slander, and worker's rights including compensation on a quantum meruit or implied contract basis.

Your case presents both issues of civil and criminal actions.  Call the cops and let them do their part and see if a criminal case for fraud can stick, and get a lawyer licensed to practice in your state to help you with the civil stuff.

Ms. Williams may sue whoever she likes for slander, but if she can't prove all elements of the case, including that the statement at issue is false, she won't win a cent.  So as long as you speak the truth, you have very little to worry about from a slander suit.

If you do work and don't get paid under an express or implied agreement and do not get paid, you can sue for breach of that agreement and win a judgment.  In my state, there are also penalties for not paying workers to deter the kind of nonsense your Ms. Williams described.

I suggest you keep the engagement letter, and whatever verification of your work, the number of hours, your value per hour, etc. and be the first to sue this thing out.

I hope this helps, good luck to you.

Morgan Smith
SMITH & RAVER LLP
Minneapolis, Minnesota
smith-and-raver-llp.biz
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