Helping Victims of Fraud Throughout Miami-Dade County
Fraud can come in many forms: fraud, constructive fraud, fraud in the inducement, and fraudulent misrepresentation. An employee may be able to assert a fraud claim against an employer if, for example, the employee shows: (1) the employer made a false statement concerning a specific material fact; (2) the employer’s knowledge that the representation was false; (3) the employer intended that the employer’s representation induced the employee; and (4) the employee suffered damages by relying on the representation. Susan Fixel, Inc. v. Rosenthal & Rosenthal, Inc., 842 So. 2d 204, 209 (Fla. 3d DCA 2003). The statute of limitations for most fraud claims is four years. Fla. Stat. § 95.11.
However, there are numerous defenses that can be asserted to a fraud claim. For example, a false statement must be of a past or existing fact, not a promise to do something. Furthermore, as a general rule, fraud cannot be predicated on a mere promise not performed. Additionally, in order for a misrepresentation to be actionable, it must be one of fact rather than opinion.
Lawyers from BT Law Group have extensive experience advising clients about, and litigating, fraud claims. Please contact the attorneys at BT Law Group for a consultation.
