Legal Question in Business Law in California

Prostelitizing Building Contractors Workers

Is it unlawful for a client to prostelitize workers on a building contract? Hire them for work at the premises without notifying or paying contractor for their work. Can a clause be put in the contract to prevent this?


Asked on 5/09/05, 5:24 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Prostelitizing Building Contractors Workers

If by proselytize you mean talk about religion, then people are free to do so unless the employee objects he is being harassed in violation of the discrimination statutes. If your workers want to so complain, send them to the DFEH or EEOC.

If "Hire them for work at the premises without notifying or paying contractor" means taking them away from you and hiring them direct, then your rights depend in part on your contract with the customer. Most such contracting companies have thorough written contracts specifying such things. If you don't, you should get an attorney to help you do so. Even without a real contract, the customer could be guilty of interfering with your business, which means you might have a right to sue for damages.

Feel free to contact me if interested in pursuing these issues properly.

Read more
Answered on 5/09/05, 5:51 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Prostelitizing Building Contractors Workers

I suppose it depends upon exactly what you mean by "proselytize." A client would normally have a legal right to speak to his contractor's employees, but the client should neither interfere with the contractor or his employees to the extent that this impairs the contractor's ability to perform. The client should not try to hire the contractor's employees away from him, but whether this is out-and-out unlawful is very dependent upon the circumstances. Sometimes if a contractor is not performing, the client may have to use the contractor's employees to get vital work done on schedule, and this would normally be lawful and excusable. However, I suppose it would be possible for a client and contractor to negotiate and execute a contratc that would limit or completely prohibit this practice.

Read more
Answered on 5/09/05, 5:57 pm


Related Questions & Answers

More Business Law questions and answers in California