S
stevenf
Guest
I am a resident of Wisconsin. I entered into an employment agreement for a consulting firm operating out of New Jersey and incorporated in Delaware. This agreement was initiated while I was formerly a resident of Oregon. The terms of the agreement specify terms of the agreement following the laws of Delaware.
My employer sent me a letter stating that my position had been eliminated. My contract clearly provides for written notice of 30 days before termination. My employer has since maintained that my termination was for-cause, with no supporting documentation ever presented, and has backdated the notification date by 5 days prior to receipt of the termination letter. In addition, their attorney is citing a non-existent clause in my contract that they claim gives them relief from the 30-day provision.
Question: 1) As my work was performed in Conneticut and New Jersey for this firm, but I am a Wisconsin resident and contractually agreed to follow Delaware law, where is my best venue for pursuing litigation? 2) Are there penalties or multiples designed for punative damages for their failure to pay? Does this include property liens or the ability for me to notify their clients without opening myself to liability for slander or related issues? 3) Their lawyer and the firm refuse to return my calls, what can be done? 4) The company is refusing, by inaction for 6 weeks, to release my 401k funds as well. Is there federal enforcement of such an issue? 4) My wages were not found as reported in Wisconsin, Delaware and New Jersey when I filed for unemployment. Are there other avenues I can pursue against my former employer? 5) The firm has yet to pay my remaining vacation pay. Is this an issue?
My employer sent me a letter stating that my position had been eliminated. My contract clearly provides for written notice of 30 days before termination. My employer has since maintained that my termination was for-cause, with no supporting documentation ever presented, and has backdated the notification date by 5 days prior to receipt of the termination letter. In addition, their attorney is citing a non-existent clause in my contract that they claim gives them relief from the 30-day provision.
Question: 1) As my work was performed in Conneticut and New Jersey for this firm, but I am a Wisconsin resident and contractually agreed to follow Delaware law, where is my best venue for pursuing litigation? 2) Are there penalties or multiples designed for punative damages for their failure to pay? Does this include property liens or the ability for me to notify their clients without opening myself to liability for slander or related issues? 3) Their lawyer and the firm refuse to return my calls, what can be done? 4) The company is refusing, by inaction for 6 weeks, to release my 401k funds as well. Is there federal enforcement of such an issue? 4) My wages were not found as reported in Wisconsin, Delaware and New Jersey when I filed for unemployment. Are there other avenues I can pursue against my former employer? 5) The firm has yet to pay my remaining vacation pay. Is this an issue?