No non compete agreement, boss threatens to sue if I accept job offer.

[edarne11]

Situation:

I've worked for 5 years as a 'contractor' , 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
edarne11@yahoo.com

[Pattymd]

Without anything in writing, I find it very hard to see how any type of noncompete could be enforced. He is very possibly just trying to pull your chain. However, since such situations are very case- and state-specific, it would probably be worth a few dollars to discuss this with a local attorney.