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Richard - Bizlaw
Richard - Bizlaw, Attorney
Category: Business Law
Satisfied Customers: 10639
Experience:  30 years of corporate, litigation and international law
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In a nutshell, i worked for a bank that initially hired independent

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In a nutshell, i worked for a bank that initially hired independent contractors directly to perform marketing activities in airports for airline credit cards. We then moved to a model where we moved them to a marketing firm that we paid to contract the reps, but we still directed them and regulated how they did business. Once we realized that this still made them employees, not ICs, we hired a firm to make them employees but we would still assist in managing the program's finances, direction and incentives. They agreed to eave things as-is, but the reps would be employees. After the contract was signed, they tried to get tighter control, the reps and airlines began complaining, the fired people who had been on the team for many years, people couldn’t verify their pay, and results started to go down in several metrics.

They claim I wanted to keep control as a scheme to merely use them as a shell to the gvt. They complained about me to the bank and I was laid off 30 days later. Reps called me to ask me what to do, and I told them that if they weren’t happy they should say something but be honest. So, they complained. Things got worse, and they were tossed out. The bank elected to bring the old company back in under the IC model (bad move but I was gone by then.) they also had to pay many unemployment claims. They were never offered business again and obviously want some money.

I've asked the bank if they are going to protect me and they haven’t gotten back to me. My fear is that they will protect me partially for the time i worked there (and not after) or not at all. I should note anything i did there I got written approval from management and/or legal. Plenty of paper trails.

There was no scheme here. I just want to know can I get myself dismissed? What kind a lawyer do I need to consult? How can I stop this harassment from this company that seems to have sour grapes because they lost the business? Can I get legal costs back if I prevail or released? Does it count for me since it's federal? If the bank doesn’t protect me, can I take legal action against them as I was acting as an agent for them?
Submitted: 5 years ago.
Category: Business Law
Expert:  Richard - Bizlaw replied 5 years ago.

bizlaw :

If the arrangements were all made while you were an employee you should expect to be indemnified as all the work was wihtin the scope of your employment. If you are sued, you would notify your former employer and demand indemnification and that they provide defense. If they refuse, you would sue the bank for your costs. You will not have any claim against the company suing you as unless there is a contract provision or statute that authorizes it you are not entitled to recover attorneys fees even if you win.

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