Question

Employer is desperate to hire sales people. Employer conducts initial telephone interviews and offers employment immediately over the telephone. In making the offer, the employer will always inflate the guaranteed sales commissions that the employee can expect by 200-300%. A potential employee takes the job, relocates and soon realizes that she was misled in terms of compensation. Which of the following is most true? A. A claim by the employee will probably be based on promissory estoppel B. A claim by the employee will probably be based on breach of contract C. Employers are permitted to exaggerate figures to entice people to apply D. Under the doctrine of ‘caveat canem’ an employee bears the risk of being misled in the employment screening

Answer 1

Answer:

A. A claim by the employee will probably be based on promissory estoppel

Explanation:

Promissory estoppel doctrine refers to trying to enforce a promise. In other words, a person that makes a promise is responsible for performing it as long  as:

1. the promissor made a promise and the promisee acted because of it
2. the promisee relied on the promise
3. the promisee suffers a loss due to the unfulfilled promise