NC - Boss threatens to sue if position accepted, no contracts signed or verbally.

[edarne11]

Situation:

I've worked for 5 years as a 'contractor' in North Carolina, the past 2 out of 5 years I had to fill out a 1099 for my wages. I've worked an average of 25-35hours over this time period. 25hours specifically for one company, 5ish hours a week for other jobs my 'boss' calls me to handle if he is unable to do so. I set my own schedule with this company and my own projects.

This is a computer tech/consulting service.

I work for this one business through my 'boss', all payments are made to him, he pays me once a week, sometimes once every 2 weeks or sometimes once a month after turning in my hours. Pay agreement is made verbally, nothing on paper to determine rate.

I have never signed any agreements with him. No non compete or NDA agreements. Never even verbally have we agreed that I would not accept jobs from these or any clients.

The company I have worked for the 25hours a week for the past 5 years wishes to 1) either hire me salary or 2) hire me directly as an independent contractor without going through my boss. He has a 30day termination agreement with them but they can terminate it at any time and for any or no reason.

My 'boss' has threatened to sue me and the company that wishes to hire me if I accept the position. He feels confident that there exists a reason or right that he can do this.

Does he have any legal way to sue me for accepting this client's offer for a full time position or is he trying to use scare tactics? Would there be a way to threaten a counter law suit if he proceeds with trying to sue me for acceptance of the job?

Any help or direction for this would be greatly appreciated.

Thank you,

Eric Darnell
[email protected]

 

[mlane58]

Does he have any legal way to sue me for accepting this client's offer for a full time position or is he trying to use scare tactics? Would there be a way to threaten a counter law suit if he proceeds with trying to sue me for acceptance of the job?

You need to consult with an employment law attorney in your local area on this.

 

[Beth3]

I suspect your boss is talking nonsense but as mlane advised, you really should talk to a local attorney.

 

[eerelations]

If you're 100% sure you haven't signed anything saying you won't work as an employee of your boss' client companies you're probably OK (though you should still follow Beth's advice and ask an attorney about this). HOWEVER, the client company that wants to employ you may have signed an agreement at some point with your boss promising that it wouldn't hire any of your boss' employees, and this may be what your boss is talking about - when he says he's going to sue someone, he maybe means the client company, not you.

 

[edarne11]

The client actually had reviewed the contract before making an offer and found nothing in that contract of that nature before offering me the position.

I guess it's a bit odd, from everything I've researched it seems like even if there is that kind of agreement within a document that it normally comes attached with a period of time, 6-12months, and even if there is no time restraint associated (indefinitely) if it's been long enough a judge may side in favor of the client and the person they wish to hire. Seems odd to me that in the case of 0 contractual agreements with either client or subcontractor that a contractor would have a case unless there are some laws that protect the contractor in North Carolina of which I am not aware(anti right to work ? ). I've made plans to meet with a labor law attorney. Thanks for your input.