Legal Question in Employment Law in California
verbal contracts
The courier service I work for contracted with a medical company to provide delivery service-me.Although they were happy with the job I was doing they were not pleased with the people who employed me. The medical company asked me to take over their account on my own. The administrator even went so far as to offer to change to a more frequent billing schedule so that I would have the finances I needed to start up my ''new business''. They told me to get a some time business license and set myself up as an employer as I would need help. After not hearing anything for awhile I inquired and was told that some of the lab workers had devised a ''scheme'' to take the account from me($10,000 is the approximate monthly income from this acount)
For almost two weeks I went on believeing that I would have my own business and that some of my financial concerns would be alieviated.To make matters worse, no one told me what was going on-I had to ask them.
There was nothing put in writing-do I have any recourse?
1 Answer from Attorneys
Re: verbal contracts
Your inquiry raises many questions. For instance:
1. Are you still working for the employer that had the account originally with the medical company that made the verbal proposition to you?
2. The lab workers that you indicate "devised a scheme to take the account from you" - are they employees of your original employer? Or the medical company? Or from some third, undefined place?
3. What do you mean by "scheme"? It is a loaded term that usually implies some nefarious or underhanded elements. What exactly did the lab workers do that you believe was unlawful?
4. What, if anything, did you do in reliance upon the medical company's verbal proposition to you?
Did you obtain any licenses? Hire any employees? Quit your job? Move? Expend any money whatsoever? Or take any action that prejudiced your position? If so, explain.
In order to assess your situation, an attorney would need answers to these questions. It would also be prudent to explore your relationship with your employer (the one the medical company was unhappy with). Specifically, you would want to assess whether your contemplated plan to take your employer's customer as a base for your own business runs afoul of unfair competition law and/or any express terms of your employment.
The kinds of claims I would explore and consider, depending on the full set of facts -- which are still unclear/unknown -- include fraudulent inducement, breach of contract, and promissory estoppel against the medical company and interference with a business opportunity against the lab workers. There are not sufficient facts presently disclosed to assess whether any of these potential claims are viable in your situation, even in a prima facie (bare bones) sense.
Good luck.