I hired a subcontractor and his crew to do a job for my general contractor (boss) to do a large job. The subcontractor and his crew signed a contract to not try to push me out of the project (get me fired) or to work for the general contractor for a term of six months. Now they are both ignoring my calls and now they are working for my general contractor and I'm being fired without cause.what can I do
Such matters are far too fact-intensive for on-line review. You should consult with a good local construction law attorney if you really want a fair evaluation of your status and rights here.
More generally, if one hires someone "for my boss" they would be considered an "agent" of the boss for that purpose; the reality is that sort of contract you describe with the subs sounds as if might very well constitute a breach of "fiduciary duty" to the boss (i.e., by self dealing, acting in the agent's best interests, etc.), and that would be true - whatever the merits or enforcability of the "contract" might be.
But, such an agreement with a sub might be valid, who knows?. The bottom line is, however, a lawyer would have to review the "contract," and the investigate the facts you have posted, speak with the sub and your boss to know where you fit.
Apart from taht, if you are at "at-will" employee (i.e., not working under an employment contract), then - and again this is JUST speaking GENERALLY - an "at will" employee can be fired in this state "without cause" - in fact, "for good reason, bad reason, or no reason at all...." (as long as it's not discriminatory).
Hope this helps.
This communication is not intended in any way to establish an attorney-client relationship, nor provide legal advice; it is submitted by its author simply as a general comment on the facts contained in the Question posed. NOTE: This attorney contributor is NOT actively seeking new clients.
You need to contact a local attorney now. The facts that you offer sound helpful, however, the terms of the contract that they signed will be vital. You shouldn't share them here, but you should share them with the attorney that you hire. Check Avvo's Find a Lawyer for a local contruction lawyer.
Generally non-compete and non-interference contracts are enforceable, within limits. The problems with the case are the detail of the contract and the possible damages that you can prove.
IF YOU FOUND THIS ANSWER HELPFUL PLEASE MARK IT SO. The answers provided by R. Russell O’Rourke, Attorney-at-Law as a free informational service only. Without thoroughly reviewing your case neither I nor any other attorney can give you a complete answer upon which you could or should rely. Your reading of this or any of my answers does not create an attorney client relationship between us. Legal cases are often very fact specific and need a qualified attorney to properly review ALL of your materials and fully discuss your case with you before you decide the right course of action to take. YOU SHOULD CONSULT WITH AN ATTORNEY IN PERSON who has specific expertise in the area of law you are asking about.
Talk to an attorney that handles contract matters, and let them evaluate the strength of your contract and the viability of your claim from a damages perspective.
This answer does not establish an attorney client relationship, nor does it constitute specific legal advice.
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