Legal Question in Employment Law in California

I am a software contractor in California. A startup I worked for lost funding, but before they did, they recommended me to another company. I entered into an independent contract with this other company, but the startup I worked for is claiming I should have been subcontracted through them to the new company. They want to revise the terms of my contract to have payment and services go through them. The new company is looking to hire me full-time eventually. Would they encounter any difficulties doing this eventually as far as poaching goes? Should I appease the old company and revise the contract to help them or would that not be in my best interest? My main goal is to create as little conflict as possible, and to a bigger opportunity with the new company without issue in the future.


Asked on 10/25/12, 3:06 pm

2 Answers from Attorneys
Roy Kohler Law Offices of Roy Kohler

I would not recommend revising your severance agreement with the old companyy. Why give them something for nothing. Your primary concern should be in helping your new employer. Forcing your new employer to offer a "kickback" to your old employer does not appear to be in their best interests. It may also impact your future wages and opportunities for promotion.

You should probably see an employment attorney in your city of residence for recommendations and advice.

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Answered on 10/25/12, 3:18 pm
Terry A. Nelson Nelson & Lawless

Unless you agreed at the time to what they are now demanding, they can go pound sand, as there is no 'contract' for them to enforce. They sure don't have a right to make you agree to one now, retroactively.

That doesn't mean they can't threaten litigation and kill this opportunity for you. Anybody can sue anybody for anything. Winning is a different question. If they kill this job, you may have grounds for your own lawsuit against them. If so, contact me to discuss.

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Answered on 10/25/12, 5:56 pm


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