Outsourced in NC?

[soho]

I have been working at the same company for nearly seven years as an "outsourced" employee. As part of my job, I manage a team of outsourced technical (computer) workers. They are "managed" by me, I am told, to avoid co-employment issues for the company. However, day to day orders are always given to me and frequently to my subordinates directly from my boss or other employees. I review my subordinates, but my boss dictates salaries and raises for these people (as well as mine, of course). I have hired and fired a few of the people in my group, but numerous others have been foisted upon me by my boss without my input or even a chance to interview them. The outsource company that employs me and my workers provides no management, equipment, training or direction and if one or all of us were to lose our jobs, our "employer" would not continue to pay us unless they found us other jobs (unlikely). Indeed, when the company observes a holiday that is not observed by the outsourcer, we are forced to take an unpaid day off. Further, there are many company employees performing substantially similar work to that peformed by myself and my workers (not a few of which report directly to my boss).

A legal challenge has been raised by a former member of this outsource group from another office relating to blatently illegal timesheet manipulation and unkept promises of non-outsourced "employment." As a result, I believe the facts detailed above will be brought into issue. As much as I would like to be an employee myself, my biggest concern is that this disgruntled worker's lawsuit will result in a determination of co-employment or perhaps even statutory employment and a finding of liability on the company's part as well as or instead of the outsourcer. If this happens, I have been counseled that the company would likely cancel it's outsource contract with my "employer" and all my people would be out of work as a result. I've interpreted this statement as a threat intended to convince me that I should be less than forthcoming if called upon to testify. I will not, of course, lie for either party.

Can anyone tell me if the facts outlined in my first paragraph lend sufficient credence to either the co-employment or statutory employment argument?