White v. Smule, Inc.
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Labor Code section 970 prohibits employers from inducing employees to relocate and accept employment by way of knowingly false representations regarding the kind, character, or existence of work, or the length of time such work will last. Section 970 requires the plaintiff to establish, among other elements, justifiable reliance, and a knowingly false representation. Smule develops and markets consumer applications with a specialty in music social applications. White alleged a violation of section 970 arising out of discussions he had with Smule before accepting a position with Smule as lead project manager. White conceded he read, signed, and understood an “at-will” employment agreement.
The trial court granted Smule summary judgment. The court of appeal reversed. White’s undisputed “at-will” employment status meant that he could not establish justifiable reliance on the length of time his work would last. Broadly construed, however, White’s complaint also encompassed misrepresentations regarding the role White would fill at Smule. The “at-will” employment provision did not negate justifiable reliance on those representations.
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