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i am a general contractor, i have just recieved a letter of resignation from my superintendant on a project who has contracted his services to the owner of the project without our knowledge. This ex super of ours is non licenced and without a buisness license as well. Do I have recourse to sue him
Optional Information: State/Country of Question: California Already Tried: Iam a licensed contractor state of california My ex employee has gone around and slandered our company while working for us, using false accusations he has contracted his services to the owner of the project in question. He is unlicensed He has no buisness license We have a legal binding contract with owner what can I do? Can I sue the ex employee?
Thank you for using JustAnswer! Did you have a written agreement with the superintendent?
no he was paid on salary, until he requested to be 1099 as an independant contractor.
What is the basis that you want to sue him for? What are your damages?
I am wondering if written in law, I can sue him for the slander against the company and the down time to replace his absence, or am I really just in question with the owner for starting a new agreement. The ex employee has notified me via fax to leave the job site, this guy is nuts as far as I am concerened but how can I stop all this nonsence. P.S. The ex employee is also a disgruntal family member.
What do you believe the slander is?
He has stated to the owner that we have overcharged and mis handled accounts pertaining to the job, He ahs also relayed to the client we are outright crooks and dont now what we are doing in terms of the work at hand, the botXXXXX XXXXXne is this started when we changed to a new payroll service the deductions out of his check were not conforming to what his monthly budjet could sustain. He then asked to be taken of the payroll so as to not have tax deductions, I agreed to employee him as an independant contractor and use his services for a flat fee monthly. He was also told to furnish us with a w-9 form and buisness license as so we could 1099 him properly, after no response and no paper work I told him he was either to leave the job or return to the payroll as an employee, the rest is as stated, he became upset about the requests and did the above mentioned conversation with owner
From the facts you described, you should contact a local attorney to write a nasty-gram letter to him asking him to retract his statements concerning your business practices. If he doesn't do that, then you can sue him for the slander. You can't sue him for resigning because you didn't have a written agreement with him -- so you have nothing to enforce on that front. Good luck and best wishes! I hope that you find this information to be helpful and this answer to be ACCEPTable!
Experience: Explains legal matters based on 14+ years experience.