Hasa school committed fraud if they advertise that you can work as a substitute teacher after graduation but it’s a false claim?

UPDATED: Feb 18, 2012

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Hasa school committed fraud if they advertise that you can work as a substitute teacher after graduation but it’s a false claim?

I completed a substitute teaching program at a local vocational school run by the county school district. 1 day before I completed it I was told it no longer met the guidelines for working as a substitute teacher for the district, now I must have 30 college credits. I called the person in charge of hiring substitute teachers for the district, she told me that the requirement has always been that they need 30 college credit hours, and the vocational schooling was not sufficient or even recognized. The school still advertises the program and that it allows you to work as a substitute teacher. New adult students are being enrolled into the program but not told this at enrollment. Does this constitute fraud?

Asked on February 18, 2012 under General Practice, Florida


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.

The vocational school through its false advertising is making an intentional misrepresentation of a material fact with knowledge of its falsity.  The misrepresentation is material because you would not have enrolled in the vocational school and paid tuition had you known that completion of the program would not allow you to work as a substitute teacher.  The  misrepresentation of the material fact was made to induce your reliance by enticing you to register for the course on the mistaken belief that you would be able to work as a substitute teacher.  Therefore, you justifiably relied on the intentional misrepresentation to your detriment.  The school could be sued for fraud as the requisite elements for fraud have been satisfied.

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