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Discrimination and violation of a contract between non-employee individual (partners)
Anonymous2 views2 answers
Was lured to a prof. firm to be a "partner" to purchase part of the business from a semi-retiring partner. Treated as a "staff" in comparison to other new opposite-sex partners and paid an hourly rate. Rec'd no employee benefits and endured unfair "partner" treatment. Basically, I was hired to do the dirty work and given a "partner" title. Lost a great deal of money and time because I left a decent job/position in order to be a "partner" and yet the retiring partner never intended to retire. Then I left to buy another business and he slandered me by telling a client untrue things (I was having problems w/new business & didn't want their business, etc.) What kind of case do I have and what kind of damages can I seek? Thank you!
You need to consult a business litigator to evaluate your possible contract, fraud and defamation claims.
Do you have a written partnership agreement that specifies your title, your compensation, etc.? If so, it should provide for dispute resolution, so you need to refer ot that. What does the retiring partner have to do with your work?
For contract claims, you have to analyze what your deal was supposed to be and how it was breached. For fraud claims, you have to compare what you were promised with what you got. For defamation claims, you need false facts to be communicated to 3rd parties that damage you.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Alden Jay KnisbacherEmployment / Labor AttorneySan Francisco, CA ·
It sounds like you have both employment claims and non-employment claims. You have a claim for misrepresentation. If you moved your home to take the new position, there is a Labor Code provision in CA which would allow you to seek double damages for the misrepresentation about the new job. The Equal Pay Act also requires that employees be paid equally regardless of gender. You may also have a discrimination claim. Finally, you may have a defamation claim -- the time to sue on that claim is one year from publication of the last statement. You would have one year to file a pre-litigation claim under the discrimination laws, and two years to file for wrongful termination. 3 years from the promise (or when you find out you were lied to) to sue for fraud. Other time limits also apply -- and you should see a lawyer and provide all facts to truly understand your rights and the time limits you have to pursue them in court should you choose to do so.
