THE STOCKTON PERSONAL INJURY ATTORNEY WITH A REPUTATION YOU CAN TRUST
Practice Areas
Practice Areas
Job Relocation Fraud
Job Relocation Fraud
Moving for work is a major life decision, and no employee should suffer the fallout of an employer's deceit. We protect workers lured by false promises regarding pay, security, or job conditions and fight to secure the double damages California law provides.
Moving for work is a major life decision, and no employee should suffer the fallout of an employer's deceit. We protect workers lured by false promises regarding pay, security, or job conditions and fight to secure the double damages California law provides.
Legal Help for When an Employer Lies to Get You to Move
Legal Help for When an Employer Lies to Get You to Move
Legal Help for When an Employer Lies to Get You to Move
Moving for a new job is one of the biggest decisions a person can make. You may sell a home, break a lease, leave a stable job, and move your children to a new school. When an employer recruits you with promises about the job, you have every reason to rely on them.
When those promises were knowingly false, California law gives you a remedy. Labor Code section 970 prohibits employers from persuading workers to relocate through knowingly false representations about the work. Labor Code section 972 allows a worker harmed by those misrepresentations to recover double damages.
Schwinghamer Law represents workers in Stockton, Lodi, Manteca, Tracy, Sacramento, and throughout the Central Valley who uprooted their lives for a job that turned out to be very different from what they were promises. Call (209) 425-2520 or send us a message to discuss your situation.
Moving for a new job is one of the biggest decisions a person can make. You may sell a home, break a lease, leave a stable job, and move your children to a new school. When an employer recruits you with promises about the job, you have every reason to rely on them.
When those promises were knowingly false, California law gives you a remedy. Labor Code section 970 prohibits employers from persuading workers to relocate through knowingly false representations about the work. Labor Code section 972 allows a worker harmed by those misrepresentations to recover double damages.
Schwinghamer Law represents workers in Stockton, Lodi, Manteca, Tracy, Sacramento, and throughout the Central Valley who uprooted their lives for a job that turned out to be very different from what they were promises. Call (209) 425-2520 or send us a message to discuss your situation.
Why Relocation Fraud Matters in the Central Valley
Why Relocation Fraud Matters in the Central Valley
Why Relocation Fraud Matters in the Central Valley
The Central Valley draws workers from the Bay Area, Southern California, other states, and other countries. Distribution centers in Stockton, Tracy, and Manteca recruit warehouse and logistics workers. Hospitals and clinics recruit nurses and physicians. Agricultural employers recruit seasonal and year-round workers, sometimes with promises of housing. State agencies and private employers in Sacramento recruit professionals from across California.
Most of these employers deal honestly with the people they hire. When one does not, the worker who relocated often bears the full cost of the move, the lost job, and the disruption to the family. Section 970 exists to shift that cost back to the employer that made the false promises.
The Central Valley draws workers from the Bay Area, Southern California, other states, and other countries. Distribution centers in Stockton, Tracy, and Manteca recruit warehouse and logistics workers. Hospitals and clinics recruit nurses and physicians. Agricultural employers recruit seasonal and year-round workers, sometimes with promises of housing. State agencies and private employers in Sacramento recruit professionals from across California.
Most of these employers deal honestly with the people they hire. When one does not, the worker who relocated often bears the full cost of the move, the lost job, and the disruption to the family. Section 970 exists to shift that cost back to the employer that made the false promises.
What Labor Code Section 970 Prohibits
What Labor Code Section 970 Prohibits
What Labor Code Section 970 Prohibits
Section 970 makes it unlawful for any person, or an agent or officer of that person, to directly or indirectly influence, persuade, or engage a person to move for work through knowingly false representations, “whether spoken, written, or advertised in printed form,” about any of the following topics:
Section 970 makes it unlawful for any person, or an agent or officer of that person, to directly or indirectly influence, persuade, or engage a person to move for work through knowingly false representations, “whether spoken, written, or advertised in printed form,” about any of the following topics:
The kind, character, or existence of the work
The kind, character, or existence of the work
The length of time the work will last
The length of time the work will last
The compensation for the work
The compensation for the work
The sanitary or housing conditions relating to the work
The sanitary or housing conditions relating to the work
The existence or nonexistence of any pending strike, lockout, or other labor dispute affecting the work
The existence or nonexistence of any pending strike, lockout, or other labor dispute affecting the work
(Lab. Code, § 970; CACI No. 2710.)
(Lab. Code, § 970; CACI No. 2710.)
These categories cover the promises that matter most to someone deciding whether to move: whether the job is real, whether it will last, what it pays, and what the conditions will be when the worker arrives.
These categories cover the promises that matter most to someone deciding whether to move: whether the job is real, whether it will last, what it pays, and what the conditions will be when the worker arrives.
What You Must Prove in a Section 970 Case
What You Must Prove in a Section 970 Case
What You Must Prove in a Section 970 Case
California's civil jury instructions list the elements of a section 970 claim. In plain terms, a worker must prove:
California's civil jury instructions list the elements of a section 970 claim. In plain terms, a worker must prove:
The employer made a representation about the kind, character, or existence of the work, how long it would last, the pay, the housing or sanitary conditions, or a labor dispute.
The employer made a representation about the kind, character, or existence of the work, how long it would last, the pay, the housing or sanitary conditions, or a labor dispute.
The representation was not true.
The representation was not true.
The employer knew the representation was not true when it was made.
The employer knew the representation was not true when it was made.
The employer intended for the worker to rely on the representation.
The employer intended for the worker to rely on the representation.
The worker reasonably relied on the representation and changed residence for the purpose of working for the employer.
The worker reasonably relied on the representation and changed residence for the purpose of working for the employer.
The worker was harmed.
The worker was harmed.
The worker's reliance on the representation was a substantial factor in causing the harm.
The worker's reliance on the representation was a substantial factor in causing the harm.
(CACI No. 2710.)
(CACI No. 2710.)
The third element is often the most contested. Employers frequently argue that their plans changed after the worker was hired. Evidence that can show the employer knew the truth at the time includes internal emails discussing planned layoffs, budget cuts or lost contracts that predated the offer, similar promises made to other recruits, and how quickly the job changed after the worker arrived.
The third element is often the most contested. Employers frequently argue that their plans changed after the worker was hired. Evidence that can show the employer knew the truth at the time includes internal emails discussing planned layoffs, budget cuts or lost contracts that predated the offer, similar promises made to other recruits, and how quickly the job changed after the worker arrived.
Common Relocation Fraud Scenarios
Common Relocation Fraud Scenarios
Common Relocation Fraud Scenarios
Relocation fraud cases often involve one of these patterns:
Relocation fraud cases often involve one of these patterns:
A "permanent" job that was temporary. The worker was told the position was permanent or long-term, but the employer knew it was tied to a contract, project, or season that was about to end.
A "permanent" job that was temporary. The worker was told the position was permanent or long-term, but the employer knew it was tied to a contract, project, or season that was about to end.
A different paycheck than promised. The employer promised a specific salary, bonus, commission structure, or shift differential, and the worker received less after arriving.
A different paycheck than promised. The employer promised a specific salary, bonus, commission structure, or shift differential, and the worker received less after arriving.
A job that did not exist as described. The title, duties, or reporting structure were different from what the employer promised, or the position did not exist at all.
A job that did not exist as described. The title, duties, or reporting structure were different from what the employer promised, or the position did not exist at all.
A planned layoff or closure. The employer recruited the worker while it already knew about a planned layoff, facility closure, sale, or reorganization that would eliminate the job.
A planned layoff or closure. The employer recruited the worker while it already knew about a planned layoff, facility closure, sale, or reorganization that would eliminate the job.
False promises about housing. The employer promised housing that turned out to be unsafe, unsanitary, or unavailable. This scenario is especially relevant to agricultural and seasonal workers.
False promises about housing. The employer promised housing that turned out to be unsafe, unsanitary, or unavailable. This scenario is especially relevant to agricultural and seasonal workers.
A hidden labor dispute. The worker was not told that the workplace was in the middle of a strike or lockout.
A hidden labor dispute. The worker was not told that the workplace was in the middle of a strike or lockout.
Moving Within California Can Qualify
Moving Within California Can Qualify
Moving Within California Can Qualify
Section 970 is not limited to workers who move to California from another state. The statute also covers moves “from one place to another in this State.” (Lab. Code, § 970.) A worker who moves from the Bay Area to Stockton, from Modesto to Sacramento, or from Lodi to Southern California for a job may have a claim.
The claim does require a change of residence for the purpose of taking the job. (CACI No. 2710.) A worker who keeps the same home and simply commutes to a new work site generally will not meet this requirement.
Section 970 is not limited to workers who move to California from another state. The statute also covers moves “from one place to another in this State.” (Lab. Code, § 970.) A worker who moves from the Bay Area to Stockton, from Modesto to Sacramento, or from Lodi to Southern California for a job may have a claim.
The claim does require a change of residence for the purpose of taking the job. (CACI No. 2710.) A worker who keeps the same home and simply commutes to a new work site generally will not meet this requirement.
Double Damages Under Labor Code Section 972
Double Damages Under Labor Code Section 972
Double Damages Under Labor Code Section 972
What sets section 970 apart from many other claims is the remedy. Under section 972, an employer that violates section 970 is liable to the worker for double the damages resulting from the misrepresentations. (Lab. Code, § 972.) A worker can bring this civil action without first establishing that anyone is criminally liable, even though section 970 violations also carry criminal penalties. (Ibid.)
What sets section 970 apart from many other claims is the remedy. Under section 972, an employer that violates section 970 is liable to the worker for double the damages resulting from the misrepresentations. (Lab. Code, § 972.) A worker can bring this civil action without first establishing that anyone is criminally liable, even though section 970 violations also carry criminal penalties. (Ibid.)
Depending on the facts, damages may include:
Depending on the facts, damages may include:
Moving and travel expenses
Moving and travel expenses
Costs of selling a home, breaking a lease, or carrying payments on a home you can no longer afford
Costs of selling a home, breaking a lease, or carrying payments on a home you can no longer afford
Income and benefits from the job you left to accept the new position
Income and benefits from the job you left to accept the new position
Lost wages after the new job ended or changed
Lost wages after the new job ended or changed
Other financial losses caused by the move
Other financial losses caused by the move
Each case is different, and the damages that can be recovered depend on how the misrepresentations caused your losses.
Each case is different, and the damages that can be recovered depend on how the misrepresentations caused your losses.
Fraud Claims and the Lazar Decision
Fraud Claims and the Lazar Decision
Fraud Claims and the Lazar Decision
A worker misled into relocating may also have a claim for fraud. The leading California case is Lazar v. Superior Court (1996) 12 Cal.4th 631. Andrew Lazar had lived and worked in New York for decades. A company recruiting him for a position in Los Angeles assured him that his job would be secure and would involve significant pay increases, and he left his job and moved his family to California. (Id. at pp. 635-636.) He later sued, alleging claims that included a violation of Labor Code section 970 and fraud. (Id. at p. 637.)
The California Supreme Court allowed his fraud claim to proceed. The Court explained that “[a]n action for promissory fraud may lie where a defendant fraudulently induces the plaintiff to enter into a contract.” (Lazar, supra, 12 Cal.4th at p. 638.) Applying that rule, the Court concluded that “Lazar’s allegations, if true, would establish all the elements of promissory fraud.” (Id. at p. 639.) The Court also found that, “as alleged, Lazar’s reliance on Rykoff’s misrepresentations was truly detrimental, such that he may plead all the elements of fraud.” (Id. at p. 642.)
Section 970 claims and fraud claims have different requirements and different remedies. Deciding which claims to bring, and how to present them, is a strategic decision that depends on the facts of your case.
A worker misled into relocating may also have a claim for fraud. The leading California case is Lazar v. Superior Court (1996) 12 Cal.4th 631. Andrew Lazar had lived and worked in New York for decades. A company recruiting him for a position in Los Angeles assured him that his job would be secure and would involve significant pay increases, and he left his job and moved his family to California. (Id. at pp. 635-636.) He later sued, alleging claims that included a violation of Labor Code section 970 and fraud. (Id. at p. 637.)
The California Supreme Court allowed his fraud claim to proceed. The Court explained that “[a]n action for promissory fraud may lie where a defendant fraudulently induces the plaintiff to enter into a contract.” (Lazar, supra, 12 Cal.4th at p. 638.) Applying that rule, the Court concluded that “Lazar’s allegations, if true, would establish all the elements of promissory fraud.” (Id. at p. 639.) The Court also found that, “as alleged, Lazar’s reliance on Rykoff’s misrepresentations was truly detrimental, such that he may plead all the elements of fraud.” (Id. at p. 642.)
Section 970 claims and fraud claims have different requirements and different remedies. Deciding which claims to bring, and how to present them, is a strategic decision that depends on the facts of your case.
"But my Offer Letter Said My Employment Was At-Will"
"But my Offer Letter Said My Employment Was At-Will"
"But my Offer Letter Said My Employment Was At-Will"
Many employers include at-will language in offer letters and argue that it defeats any claim based on promises about job security. At-will language does not automatically end a relocation fraud case. Many section 970 claims involve false statements about pay, job duties, housing, or whether the job existed at all, which have nothing to do with at-will status. When the promise concerns how long the job would last, the specific words used, who said them, and what the written documents say all matter. An employment lawyer can review your offer letter and recruiting communications and give you an honest assessment.
Many employers include at-will language in offer letters and argue that it defeats any claim based on promises about job security. At-will language does not automatically end a relocation fraud case. Many section 970 claims involve false statements about pay, job duties, housing, or whether the job existed at all, which have nothing to do with at-will status. When the promise concerns how long the job would last, the specific words used, who said them, and what the written documents say all matter. An employment lawyer can review your offer letter and recruiting communications and give you an honest assessment.
Evidence to Gather
Evidence to Gather
Evidence to Gather
If you believe you were misled into relocating, start collecting the following as soon as possible:
If you believe you were misled into relocating, start collecting the following as soon as possible:
The job posting or recruiting materials
The job posting or recruiting materials
Your offer letter and any employment agreement
Your offer letter and any employment agreement
Emails, text messages, and LinkedIn or recruiting platform messages with recruiters and managers
Emails, text messages, and LinkedIn or recruiting platform messages with recruiters and managers
Notes from phone calls and interviews, including dates and who was present
Notes from phone calls and interviews, including dates and who was present
Relocation agreements, including any repayment or "clawback" terms
Relocation agreements, including any repayment or "clawback" terms
Documents showing what you gave up, such as your prior pay stubs, a home sale contract, or a lease termination
Documents showing what you gave up, such as your prior pay stubs, a home sale contract, or a lease termination
Receipts for moving and travel expenses
Receipts for moving and travel expenses
Any announcements of layoffs, closures, or reorganizations after you arrived
Any announcements of layoffs, closures, or reorganizations after you arrived
Why Work With Schwinghamer Law?
Relocation fraud cases require careful investigation into what the employer knew and when it knew it. Schwinghamer Law offers:
Thorough investigation. We work to uncover the internal communications and business records that show whether the employer's promises were knowingly false.
Trial experience. Our firm has been part of trial teams that obtained verdicts from San Joaquin County juries, and we prepare every case as if it will go to trial.
Contingency fee representation. We handle relocation fraud cases on a contingency fee basis, so you do not pay attorney's fees up front.
Personal attention. You will work directly with attorney Noah Schwinghamer throughout your case.
Why Work With Schwinghamer Law?
Relocation fraud cases require careful investigation into what the employer knew and when it knew it. Schwinghamer Law offers:
Thorough investigation. We work to uncover the internal communications and business records that show whether the employer's promises were knowingly false.
Trial experience. Our firm has been part of trial teams that obtained verdicts from San Joaquin County juries, and we prepare every case as if it will go to trial.
Contingency fee representation. We handle relocation fraud cases on a contingency fee basis, so you do not pay attorney's fees up front.
Personal attention. You will work directly with attorney Noah Schwinghamer throughout your case.
Why Work With Schwinghamer Law?
Relocation fraud cases require careful investigation into what the employer knew and when it knew it. Schwinghamer Law offers:
Thorough investigation. We work to uncover the internal communications and business records that show whether the employer's promises were knowingly false.
Trial experience. Our firm has been part of trial teams that obtained verdicts from San Joaquin County juries, and we prepare every case as if it will go to trial.
Contingency fee representation. We handle relocation fraud cases on a contingency fee basis, so you do not pay attorney's fees up front.
Personal attention. You will work directly with attorney Noah Schwinghamer throughout your case.
Job Relocation Fraud FAQs
Job Relocation Fraud FAQs
Job Relocation Fraud FAQs
What is California Labor Code section 970?
What is California Labor Code section 970?
Labor Code section 970 prohibits employers from persuading a person to move for work through knowingly false representations about the kind, character, or existence of the work, how long it will last, the pay, the housing or sanitary conditions, or the existence of a labor dispute. (Lab. Code, § 970; CACI No. 2710.) Under section 972, a worker harmed by a violation can recover double damages.
Labor Code section 970 prohibits employers from persuading a person to move for work through knowingly false representations about the kind, character, or existence of the work, how long it will last, the pay, the housing or sanitary conditions, or the existence of a labor dispute. (Lab. Code, § 970; CACI No. 2710.) Under section 972, a worker harmed by a violation can recover double damages.
Do I have to have moved from another state?
Do I have to have moved from another state?
No. Section 970 covers moves into California, out of California, and from one place to another within California. (Lab. Code, § 970.) A move from the Bay Area to Stockton, or from Stockton to Sacramento, can qualify if you changed your residence to take the job.
No. Section 970 covers moves into California, out of California, and from one place to another within California. (Lab. Code, § 970.) A move from the Bay Area to Stockton, or from Stockton to Sacramento, can qualify if you changed your residence to take the job.
My employer's promises were made verbally. Can I still bring a claim?
My employer's promises were made verbally. Can I still bring a claim?
Yes. Section 970 applies to knowingly false representations “whether spoken, written, or advertised in printed form.” (Lab. Code, § 970.) Verbal promises can be harder to prove, so write down what was said, when, and by whom as soon as possible. Emails or texts that refer back to the conversations can be valuable evidence.
Yes. Section 970 applies to knowingly false representations “whether spoken, written, or advertised in printed form.” (Lab. Code, § 970.) Verbal promises can be harder to prove, so write down what was said, when, and by whom as soon as possible. Emails or texts that refer back to the conversations can be valuable evidence.
What if my employer just changed its plans after I was hired?
What if my employer just changed its plans after I was hired?
Section 970 requires proof that the employer knew the representation was false when it was made. (CACI No. 2710.) A genuine change in business plans after you were hired may not support a claim. Employers often describe a planned decision as a change of plans, however, so evidence of what the employer knew before your offer is critical.
Section 970 requires proof that the employer knew the representation was false when it was made. (CACI No. 2710.) A genuine change in business plans after you were hired may not support a claim. Employers often describe a planned decision as a change of plans, however, so evidence of what the employer knew before your offer is critical.
How much can I recover in a relocation fraud case?
How much can I recover in a relocation fraud case?
Under Labor Code section 972, an employer that violates section 970 is liable for “double damages resulting from such misrepresentations.” (Lab. Code, § 972.) Those damages can include moving costs, housing losses, the income from the job you left, and lost wages after the new job fell through.
Under Labor Code section 972, an employer that violates section 970 is liable for “double damages resulting from such misrepresentations.” (Lab. Code, § 972.) Those damages can include moving costs, housing losses, the income from the job you left, and lost wages after the new job fell through.
Can I sue for fraud too?
Can I sue for fraud too?
Possibly. In Lazar v. Superior Court (1996) 12 Cal.4th 631, the California Supreme Court held that an employee recruited from New York with false promises of job security and pay increases could pursue a claim for promissory fraud. (Id. at p. 639.) Whether a fraud claim makes sense alongside or instead of a section 970 claim depends on the facts.
Possibly. In Lazar v. Superior Court (1996) 12 Cal.4th 631, the California Supreme Court held that an employee recruited from New York with false promises of job security and pay increases could pursue a claim for promissory fraud. (Id. at p. 639.) Whether a fraud claim makes sense alongside or instead of a section 970 claim depends on the facts.
Do I have to pay back my relocation bonus if I was misled?
Do I have to pay back my relocation bonus if I was misled?
It depends on the terms of your relocation agreement and the circumstances of your departure. If the employer misrepresented the job to get you to move, that conduct may affect the employer’s right to demand repayment. Have the agreement reviewed by a lawyer before you pay anything or sign a repayment plan.
It depends on the terms of your relocation agreement and the circumstances of your departure. If the employer misrepresented the job to get you to move, that conduct may affect the employer’s right to demand repayment. Have the agreement reviewed by a lawyer before you pay anything or sign a repayment plan.
How long do I have to file a claim?
How long do I have to file a claim?
Deadlines apply to section 970 and related claims, and they can begin running from events that have already happened. Contact a lawyer promptly so the deadlines that apply to your case can be identified and met.
Deadlines apply to section 970 and related claims, and they can begin running from events that have already happened. Contact a lawyer promptly so the deadlines that apply to your case can be identified and met.
Talk to a Stockton Job Relocation Fraud Lawyer
Talk to a Stockton Job Relocation Fraud Lawyer
Talk to a Stockton Job Relocation Fraud Lawyer
If you moved your life for a job that was not what your employer promised, Schwinghamer Law can help you understand your rights. We represent workers in Stockton, Lodi, Manteca, Tracy, Sacramento, and throughout the Central Valley.
If you moved your life for a job that was not what your employer promised, Schwinghamer Law can help you understand your rights. We represent workers in Stockton, Lodi, Manteca, Tracy, Sacramento, and throughout the Central Valley.
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© 2026 Schwinghamer Law. All Rights Reserved. The information on this website is for general information purposes only and should not be taken as legal advice for any individual case or situation. Past results do not guarantee, warrant, or predict future outcomes; every case is different. Viewing this site does not create, and receipt of this information does not constitute, an attorney-client relationship.
© 2026 Schwinghamer Law. All Rights Reserved. The information on this website is for general information purposes only and should not be taken as legal advice for any individual case or situation. Past results do not guarantee, warrant, or predict future outcomes; every case is different. Viewing this site does not create, and receipt of this information does not constitute, an attorney-client relationship.
Popular Links
Popular Links
© 2026 Schwinghamer Law. All Rights Reserved. The information on this website is for general information purposes only and should not be taken as legal advice for any individual case or situation. Past results do not guarantee, warrant, or predict future outcomes; every case is different. Viewing this site does not create, and receipt of this information does not constitute, an attorney-client relationship.