What are the elements of an employment agreement where plaintiff alleges misrepresentation with respect to the employment agreement?

In his second, third, and fourth claims, plaintiff alleges misrepresentation with respect to the employment agreement. The third and fourth claims are based on common law fraud and negligent misrepresentation. The second claim is based on an alleged violation of California Labor Code 970. Section 970 prohibits false representation in the context of employment agreements and is essentially an anti-fraud provision, resting on the tort of deceit. See Funk v. Sperry Corporation, 842 F.2d 1129, 1133 (9th Cir. 1987). According to defendants, the second, third, and fourth claims are all barred by California's statute of frauds, found at California Civil Code 1624.