I currently hold the North and South Carolina electrical licenses for an HVAC company. I already had the North Carolina limited electrical license and they filed the paperwork with the state to get the South Carolina license. So I am the SOLE license holder for the company. They just started advertising electrical work, and started hiring other unlicensed electricians, but for various reasons, I feel I am getting screwed in the deal. So, I am looking to resign from the company, but was unsure how to do it. I would like some advice on the matter before I make a rash decision. Would there be any legal repercussions? Could they take legal action against me?
Resignation of the license holder
- Thread starter Sparky262
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LarryFine
Master Electrician Electric Contractor Richmond VA
- Location
- Henrico County, VA
- Occupation
- Electrical Contractor
Welcome to the forum.
You might need something in writing releasing you from the obligations of a written agreement, but otherwise, just give notice as any employee would be expected too.
Or you could use this as the opportunity to re-negotiate your responsibilities and a more lucrative salary.
You might need something in writing releasing you from the obligations of a written agreement, but otherwise, just give notice as any employee would be expected too.
Or you could use this as the opportunity to re-negotiate your responsibilities and a more lucrative salary.
Tulsa Electrician
Senior Member
- Location
- Tulsa
- Occupation
- Electrician
What does your contract say.
- Location
- New Jersey
- Occupation
- Journeyman Electrician
Here in NJ it's rather simple since the board of electrical contractors requires the licensed contractor to obtain a business permit and pressure seal (for sealing electrical permits) which ties the license to that company. If you want to revoke the business permit you can return the pressure seal to the board and the company will no longer be able to apply for electrical permits under that license. I would check with the governing bodies of each of the states involved and see what their process is. Since your license is tied to state regulations simply resigning from the company may not be enough to satisfy the state requirements.
In NC, when you leave the company the company can still finish the work that’s started under certain conditions.
Unless you signed some special contract there’s nothing anyone can do if you quit.
You’re supposed to be in a supervisory role anyway.
Unless you signed some special contract there’s nothing anyone can do if you quit.
You’re supposed to be in a supervisory role anyway.
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petersonra
Senior Member
- Location
- Northern illinois
- Occupation
- engineer
If you want good legal advice, don't get it from random people on the internet. Hire an attorney with experience in the area of the law with which you need advice.
The contract you signed with the company when you took on this responsibility probably has some kind of clause that defines how either party can get out of the contract. If there is no out clause, it is likely that state law has some default way that the parties involved can get out of the contract.
Either way you're probably going to have to pay some money to get competent legal advice.
Incidentally if your contract provides for some specific notice like 90 days and you just up and leave them high and dry, it is almost certain that you will be legally liable for whatever losses they can show they incurred due to your leaving them without notice.
On the other hand, if you are just a normal employee, you may be able to leave with little or no notice without penalty. However I will suggest that virtually everybody signs an agreement when they are hired that covers this kind of thing. Many people don't even bother to keep the agreement they signed. You probably also signed all kinds of things when you were hired that may bind you to various things like non-compete and non-disclosure.
The contract you signed with the company when you took on this responsibility probably has some kind of clause that defines how either party can get out of the contract. If there is no out clause, it is likely that state law has some default way that the parties involved can get out of the contract.
Either way you're probably going to have to pay some money to get competent legal advice.
Incidentally if your contract provides for some specific notice like 90 days and you just up and leave them high and dry, it is almost certain that you will be legally liable for whatever losses they can show they incurred due to your leaving them without notice.
On the other hand, if you are just a normal employee, you may be able to leave with little or no notice without penalty. However I will suggest that virtually everybody signs an agreement when they are hired that covers this kind of thing. Many people don't even bother to keep the agreement they signed. You probably also signed all kinds of things when you were hired that may bind you to various things like non-compete and non-disclosure.
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andyselec@aol.com
Member
- Location
- durham,nc
- Occupation
- Electrical contractor
I just took a Law and rules class with the NC Board and they said they work for us and we should not hesitate to call them with question's. I would start with them and then do lawyer. They are free lawyers cost money.
Agreed, the NCBEEC is great to work with.
petersonra
Senior Member
- Location
- Northern illinois
- Occupation
- engineer
How is such a board going to give someone legal advice about the contract that was signed when they took on this responsibility?
They are in a good position to give you advice about their rules and regulations but I can pretty much guarantee when it comes to contractual obligations they are not going give you any advice at all.
synchro
Senior Member
- Location
- Chicago, IL
- Occupation
- EE
In addition to consulting the state board and a lawyer, I would try to keep a separation from your employer as amicable as possible given the circumstances. For example, offer to help in transitioning to a replacement electrician, and also be somewhat flexible in the particular date of your separation as an employee if you can do that. Your future employers will inevitably want references, and so it would be in your best interest to avoid burning bridges even if you feel otherwise at this point in time. I've been given the task of interviewing potential employees many times over my career, and I've found references to be one of the best ways of identifying good candidates. And for a supervisory role I think references would be especially important.
As Andy stated, it is a good starting place, may or may not be the ending place and an attorney may still need to be brought in. After being licensed in NC for many years most companies using an employee to qualify the company do not have much of a contract with the qualifier.
I know it's not the case with the OP but many large companies have multiple qualifiers and have to if they have more than one office, they must have a licensed person in each office
I'll have to find my contract and review it but its really just a typical employer to employee contract that states compensation and job duties.
Jerramundi
Senior Member
- Location
- Chicago
- Occupation
- Licensed Residential Electrician
Easier said than done sometimes. Some employers will intentionally try to drive you out in an unprofessional manner (e.g. delaying payment, ignoring phone calls, etc.) especially in independent contract work. OP is lucky he works for an established company and not some random remodeler. I learned that one the hard way... and STILL gave 2 weeks notice and offered to stay to close out open jobs. Let's just say the guy didn't deserve that from me.
Jerramundi
Senior Member
- Location
- Chicago
- Occupation
- Licensed Residential Electrician
Yes, but if you're in a supervisory role, they shouldn't be doing anything without you on site, no?
At least that's how I understand supervisory roles to be here.
Maybe there are exceptions, but that's my general understanding.
mtnelect
HVAC & Electrical Contractor
- Location
- Southern California
- Occupation
- Contractor, C10 & C20 - Semi Retired
I congratulate you on taking the time and effort to investigate the implications of leaving your current position. When dealing with any type contract's legal advice is always advisable.
mtnelect
HVAC & Electrical Contractor
- Location
- Southern California
- Occupation
- Contractor, C10 & C20 - Semi Retired
Also, if you do decide to leave, you should have legal advice on designing your own contract requirements.
Jerramundi
Senior Member
- Location
- Chicago
- Occupation
- Licensed Residential Electrician
I say get out. You, as the license holder, will ultimately be held liable for ALL these other so-called electricians running around doing work under your license. Personally, just based on experience, I would never accept such a role where I was ultimately liable for a bunch of unlicensed guys running around, unless I could personally oversee each and every one of them. The only way I would ever consider such a role, would be if it were with an extremely tight knit group of guys that I all knew personally. But, I'm speaking as a small time residential contractor, so my input should be taken with a grain of salt.
North Carolina doesn’t look favorably on non-compete clauses that aren’t designed to protect a specific business interest..
electric license holder isn’t going to be one of them. The man has a right to work in this state.
I‘ve seen people get out of non compete clauses with no problems here.
As others have said, the NCBEEC will help any way they can. They can be your best friend if your right or your worst nemesis if you try something without a license.
NC is also a right to work state and employment at will
Jerramundi
Senior Member
- Location
- Chicago
- Occupation
- Licensed Residential Electrician
You make NC sound very appealing as opposed to Chicago, lol
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