Legal Question in Employment Law in California
I work for a record label as a graphic/web designer. I have worked there the past 3 months. I was initially promised a raise but the boss keeps telling me there isn't enough money, so I've been looking around for other jobs, in order to be able to support my family. I got another job offer and decided to take the job, so I let my boss know today that I will be resigning. Despite the fact that I never signed any kind of contract when I was employed, I offered to stay for 2 weeks and finish whatever projects my boss wants me to finish. He was furious and said he would sue me. He also said he would do everything to make my life living hell even if he doesn't win. Is there any way he can sue me, considering I haven't signed a contract?
3 Answers from Attorneys
From the facts you have provided, it doesn't sound like there are any grounds for him to sue you. You are allowed to change jobs and "non-compete" agreements are hard to enforce in CA even if you had signed one (which it sounds like you didn't). I would need to know more facts to know for sure, though.
If financially feasible, you might just want to leave now if the environment remains hostile. You're free to change jobs whenever you wish.
Anybody can sue anybody for anything. Winning is a different question. His would be a frivolous lawsuit unless you commit 'unfair competition' rules, which is not likely. That doesn't mean he won't sue, nor that he won't blackball you if he has that capability in the industry. It does indicate he is a jerk. Move on and ignore him unless something really is filed. Then if you need counsel to help in this, feel free to contact me.
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