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41 Willamette L. Rev. 233 (2005)
Deceitful Employers: Common Law Fraud as a Mechanism to Remedy Intentional Employer Misrepresentation in Hiring

handle is hein.journals/willr41 and id is 245 raw text is: ARTICLES WILLAMETTE LAW REIVEW Volume 41:2 Spring 2005 DECEITFUL EMPLOYERS: COMMON LAW FRAUD AS A MECHANISM TO REMEDY INTENTIONAL EMPLOYER MISREPRESENTATION IN HIRING RICHARD P. PERNA* INTRODUCTION The capital markets and the investing public have been shaken in recent years by a series of high-profile scandals at companies such as Enron, Arthur Anderson, Tyco, Worldcom, and, most recently, a string of mutual fund companies. But investors are not the only vic- tims in this environment. Corporate deceptions on this scale can lead to massive job cuts and employee dislocation affecting both cur- rent and former employees. In the early going, when the Enron crisis was still a part of the daily headlines, the media clamor over the inter- ests of employees was almost deafening.' Later, when news of the * Professor of Law, University of Dayton School of Law. Very special thanks to my wife, Merideth Trott, for her wonderful support and editorial assistance. In addition, this Arti- cle would not have been possible without the research and organizational effort of my research assistant, Tami Hart, class of 2004, University of Dayton School of Law. 1. See, e.g., David Lightman, Unemployed and Broke After Enron: Congressional Panel Hears About Ex-Workers Ordeals, HARTFORD COURANT, Feb. 6, 2002, at Al; Bill Murphy, Laid Off Workers Lash Out at Lay, HOUSTON CHRON., June 19, 2002, at B 1; Eric Berger, The Court May Approve $28 Million Severance Deal for 4,200 Former Enron,

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