---
title: Attracting New Hires in Today's Competitive Environment
description: Hiring employees right now is very competitive for employers. When I drive Highway 61 in Hugo, I see 3-5 'HIRING' or 'HELP WANTED' banners in front of businesses.
---

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08/01/2018

# Attracting New Hires in Today's Competitive Environment

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Hiring employees right now is very competitive for employers. When I drive Highway 61 in Hugo, I see 3-5 “HIRING” or “HELP WANTED” banners in front of businesses. Yesterday when I drove home from Duluth, Rush City had multiple billboards along 35E that something like “Tired of the commute to the Cities? Rush City is now hiring. Work close to home!” When searching for a new job, employees will take into consideration many facets of the prospective employer. Knowing that, companies will boast, or puff, about what their company has to offer and all its benefits. While some boasting is legal, the employer must be careful about how they boast and to what extent.

“Employers frequently boast of good benefits, competitive salaries, excellent working conditions and the like. To anoint such puffing language with contractual import would open the door to a plethora of specious litigation and constitute a severe and unwanted intrusion on the ability of business enterprises to manage internal affairs.” Martens v. Minnesota Min. & Mfg. Co., 616 N.W.2d 732, 744–75 n.25 (Minn. 2000) (quotation omitted). Essentially, employers do have the ability to boast about their companies, however, there is a fine line they must not cross.

“False descriptions of specific or absolute characteristics of a product and specific, measurable claims of product superiority based on product testing are not puffery and are actionable.” United Indus., 140 F.3d at 1180. Employers are not allowed to make measurable claims that are not true, although they can make more general statements that are not able to be measured. The critical element is truth. Truth is always protected. The further you stray from the truth, particularly when you lack evidentiary support for the statement, the closer you are to trouble.

If you have an employee point to pre-hiring advertising as a basis for a claim, keep the above in mind. I am here to help apply the law to your case and provide additional legal analysis to your claim.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney. Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney. All information contained in links are the property of the linked site.

- [false descriptions](https://www.gallatin-law.com/blog/tag/false-descriptions),
- [new hire](https://www.gallatin-law.com/blog/tag/new-hire),
- [puffing](https://www.gallatin-law.com/blog/tag/puffing)

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## [Dan Gallatin](https://www.gallatin-law.com/blog/author/dan-gallatin)

Dan is a lifelong resident of Minnesota. Born in St. Paul, Dan spent many of his formative years growing up there before moving to White Bear Lake. After graduating from White Bear Lake, Dan spent four glorious years at the University of Wisconsin-Madison, earning a degree in two majors. Dan worked as a Senior Investigator at the Minnesota Department of Commerce for several years after graduating from college. During his final years Dan attended William Mitchell College of Law while still working full-time. During this exhausting 3 ½ year period Dan honed his skills in becoming an efficient, to-the-point legal practitioner. While at Madison Dan met his wife, Tonya, and together they moved to Minnesota to plant their roots. Dan and Tonya have two amazing, unique children and reside in Hugo.

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