independent contractor?

Question

Does anyone have any know all about independent contractors? I was working as an independent contractor for two companies (pretty much as an employee). I had told one company that I was working for another and the boss of the company I told called the other company I was working for and informed them of my employment with them. To add fuel to the fire the bosses then went over my schedule for the previous month to see if I double booked them( I did not). Is this legal?? I never signed any waiver that I would not work for any competitors or such but I just dont know if I have any rights against the employer who made those phone calls..

Answer 1

What agreement or contract is there?
Are you an employee or an IC?
In most cases a W2 = employee and 1099 = IC although there are some exceptions (eg employee of a third party agency).
http://www.ftmn.com/Employee.html
http://jobsearchtech.about.com/od/laborlaws/l/aa121800.htm

Typically you should have a clause that protects privacy / release of information by a client.
As far as I know, what you describe is not illegal and they can verify that you aren't 'double billing' if they want to, although they should be able to verify that themselves independently without consulting each other. Also this could border on a violation of disclosing information that would be included in many IC contract privacy clauses.

As an IC you can contract with anyone unless limited by a non-compete clause, so the clients can't dictate who you work for without one. Unfortunately thesedays, a good contract is pretty much required for any IC work. I've lost thousands because of not using a contract, but rather relying on verbal agreement and trusting in people to keep their word. Sadly, it just doesn't work anymore.

You may want to browse and / or post your question here:
http://www.expertlaw.com/forums/forumdisplay.php?f=153&page=2&order=desc

You may also be interested in this link:
http://www.lawsguide.com/mylawyer/guideview.asp?layer=2&article=93

Answer 2

As a independent contractor, you have the right to work for other companies (absent some sort of non-compete agreement).

If the companies that use your services don't like you working with other companies, then (unless you have a contract) they are free continue using you or not. Their call.

Answer 3

Legally:
As an Independent Contractor, you are in business for yourself and a client has the right to ask for and to check references and charges.

Practically:
Since they, in effect, falsely suspected you of wrong doing, and were proved wrong, you have a bit of an edge in future negotiations.
You've been insulted and they should feel some obligation to make it up to you.
It's a small edge, useful, but don't overplay it.

Answer 4

If you were truly an independent contractor, and did not have a confidentiality agreement with your vendor ("employer")who ratted you out to the other company, you're screwed.