As an employee in Texas, or as a party involved in a business transaction, you have a number of rights. One of those rights is the right to honest and truthful information from your employer.
When this right is breached, and you suffer damages as a result, you may have the right to file a claim for negligent misrepresentation. The following considers what negligent misrepresentation is, and how much time you have to bring forth a claim if you believe that you have a negligent misrepresentation case.
What Is Negligent Misrepresentation?
When an employer hires an employee, they owe that employee a duty of care. Part of this duty of care is to ensure that the information that they provide the employee, whether about the jobs they will perform, their compensation, or something else integral to the business or the employee’s role in it, is accurate.
When an employer makes a statement that they know to be misleading, untrue, or inaccurate and the employee trusts/relies on such information and suffers damages as a result, the employer can be held liable if such misrepresentation was negligent.
The above information also implies to parties that engage in any sort of business contract together. For example, an independent contractor also has the right to accurate information, even if the contractor is not an employee.
What Damages Are Available for Negligent Misrepresentation?
If an employee/party can prove that the misrepresentation was negligent, they can seek damages for losses they have incurred. The damages you may seek are those which you suffered as a direct result of your reliance on your employer’s false statements.
What Is a Statute of Limitations?
A statute of limitations is a law that governs how much time a party in a claim–the plaintiff–has to bring forth their claim against the other party–the defendant. Statutes of limitations are found in civil and criminal cases, and protect defendants from having claims brought against them after an unreasonable amount of time has passed.
In almost all cases, once the statute of limitations has expired, a court will no longer agree to hear a case, and the plaintiff will be unable to seek damages or hold the defendant liable for losses.
How Long Do I Have to Bring Forth My Negligent Misrepresentation Claim?
In Texas, the statute of limitations for bringing forth a negligent misrepresentation claim against an employer is two years time from the date that the negligent misrepresentation occurred, as found in Texas Civil Practice and Remedies Code.
How Our Experienced Texas Employment & Business Law Attorneys Can Help You
It can be difficult to understand what your rights are as an employee or as a member of a business contract. It can also be even more difficult to understand what to do if you believe that the rights that you have–even if you are unsure of specifically what those rights are–have been breached. If you feel as though you have been wronged and suffered damages as a result of misinformation, you may have a negligent misrepresentation case.
The time to file your case is quickly running out. To start the process today and learn more about the features of a successful negligent misrepresentation case, contact our law offices today. You can reach us online or by phone for a consultation.