16th Mar 2010
I have been calling around the last couple of days and am having a
hard time locating an attorney who's case load is such that they have
time to pursue this case. I need some guidance as to my legal rights on
a few items and what other resources short of an attorney might help
me pursue the right legal course of action. My questions come in
three forms, those being;
Employment Relationship - What is my employment relationship as viewed
by US and State Govt and how to go about reporting the company? I
have never received health or other company sponsered benefits.
Do I legally have an enforcable employment contract? - Oral, Implied
or Written. Please include and case law in the state Oregon or other
applicable states. Specifically, how can I get them to take ownership
of payroll, unemployment, FICA and other taxes that I will have to pay
myself if the relationship is deemed to be one of an Independent
Contractor. One last thing on the contratural relationship.
Orginially, my bill rate was $65.00 as noted on our original signed
agreement. They verbally asked me to reduce this to $45.00 an hour in
June, which I honored. Can I go back and bill them for the difference
if they refuse to honor the contract they stiffed me on?
Legal representation - If I cannot find a lawyer to take this case,
what are my other options to seek monatary damages.
Company - $27M Privately held company in Portland Oregon area.
Company is equally owned by four siblings, 25% each. Recently, the
company elected three new Board members from outside their family.
Board now consists of the four siblings, their father and three
outside directors.
Employment Relationship - Started with company in February 2003 on an
anticipated 3 month consulting basis to manage their relocation
In June 2003 company asked me to stay on and reengineer their
logistics operations. I Have been submitting invoices for $65.00 in
February 2003 through June 2003 and $45.00 per from that point on. In
my research,
especially as it relates to the published Microsoft case I came across
the parameters used to establish employment status. From those, I can
highlight the following:
Integration into Business Operations - All the work I have performed
over the past 15 months has led me to be deeply integrated in the
operations of the business.
Continuing Relationship ? The relationship has not only been a
continuing relationship but has involved increased responsibility for
growing the business and increasing the profits of the company.
Work Performed on Employer's Premises ? All work over the past 15
months has been at the Employer?s premises.
Payment by Hour, Week, Month ? I have always been paid on an hourly
basis for hours worked
Significant Investment ? I have invested no money in the tools
required to complete my responsibilities
Working for More Than One Firm at a Time ? I have had no other sources
of income for the extent of time I have been employed
Making Services Available to the General Public ? I have not marketed
or made my services available for payment to any other companies.
I also had keys to the facility and was responsible for all security
up to and including the assignment of Security codes.
Legal Contract - To date, the increasingly growing responsibilities I
have taken on for the company have let to a savings in excess
of $500,000 for the company against last years income statements.
Approximtely 3 months ago, two of the sharholders (sisters) approached
me regarding a third shareholder (their brother), the President of the
company, who had embezzled in excess of $100,000 from the company in
year 2002. Because of these trust issues with him, his lack of
leadership in other areas and my display of leadership,integrity and
background with the company, they inquired as to my interest in taking
his seat as
President and leading the company. I told them I would be highly interested.
The two shareholders said that if I would forego other opportunities
for employment (I currently had a VP offer on the table with another
company) that they would pursue this with the board. Ultimately on
the 29th of June, the Board voted in favor of this change (I have copy
of the board meeting
minutes). At that point, the Board (including current President who
ultimately said he supported the decision and the change) committed
verbally to deliver me an employment contract and compensation plan.
They said the comp plan would consist of a base salary (close to six
figures) and bonus incentives, half of which was immediately payable
and the other half that vested over a
five year period.
Ultimately, I was given a draft of that contract by
one of the shareholders for my review. Unfortunately, it was for a
position other than that whiich was originally committed by the Board;
it was for a VP level position (current President was chartered with
drawing up the contract). Bottom line, the family decided that for
family reasons,
they could not remove their Brother from the President seat. I
I was then told by the Brother that since my loyalty had gone to his Sisters,
he did not see me being part of his team and asked me to leave the
company. Do I legally have a contract of employent either by oral or
implied status? Is the written contract that was provided to me
enforcable even though neither party had signed it yet? I also have email
generated from the President to the Board indicating that he was going
to present the contract to me and that he was looking forward to
helping me be successful in assuming his position. Bottom
line.........I got railroaded and need to be able to take action
against these people for my own financial reasons and so they just
plain are not allowed to do this to other people in the future.
One other point. I am aware of some other illegal activity by the
President as it relates to State govt.. If I blow the whistle on them
after I have
been terminated, can I be legally charged in a retaliation claim?
This is nothing short of a gross injustice and any information you can
supply me to provide help would be appreciated.With no signed contract, you are at best an "at will" employee which
means they can end your employment / services at any time for any
reason (except for illegal discrimination based on race, religion,
etc.) Although they have been unfair to you and treated you poorly,
you really have no legal case for the new position, for your old
position, or for repayment of the discounted rate you agreed to.
Unfortunately, I can see why no lawyer has been interested in taking
this case.
You could blow the whistle on their illegal activity, and this would
be the right thing to do if you are sure of the illegal activity and
honest in your reporting. However, this will not get you anything
personally.Perhaps neither resarch_help nor I read your question carefully. Did
reasarch_help understand correctly that you have no contract? Even if
you have a written contract it likely contains language limiting how
long they need to pay you. You likely will do better asking how they
can further use your services. Lawyer boo-hiss. Neil#If you have any other info about this subject , Please add it free.# |
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Posted by smith under toyotataa.com |
