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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5043
Experience:  Extensive experience representing employees and management
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I have been hired as VP/GM of Operations of a company this

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I have been hired as VP/GM of Operations of a company this past year and was naive when I signed the employment contract wherein it was mentioned that they had medical and other benefits (401K) comparable to the best in the industry. In reality it was nothing. On finding that out, I asked to go back (revert) to consultancy status just like my predecessor VP/GM whom I replaced, to help facilitate a better pay packet, commensurate with my previous experience in the industry, to help ameliorate expenses for a 106 mile round trip each day, medical insurance for family, life insurance etc. In the interim my work and smart buying as well as operational modifications led to company savings, added to the profit botXXXXX XXXXXne to the tune of 220K / year (every year) starting last July and 20% of that as per my employee contract would amount to a very substantial amount. The owner defrauded me with the following email (letter) and a personal hand copy (which I took from his hand and he did not want to give) from which he was reading of the same letter below and then rescinding the offer 6 days later and telling me that I have resigned.
----------------------------------------------------------------
OK Rahul, we will allow the transition from SP employee to independent
Contractor under the following conditions set forth by our CPA & corporate
attorney.
• No written communication concerning this issue is to take place before the consulting company has been formed and employee status is over.
• The transition MUST appear as a former employee who left the company
to start his own consulting company returns to offer his services through
the new consulting company. In order to achieve this appearance, you
must do the following:
o Turn in your resignation as plant manager and be given two weeks severance pay. Make sure ALL employees believe this is real!
o Go away for the two weeks. There must be no contact for two
weeks.
o At the end of two weeks, under the name of your new LLC
consulting company (must be legitimate registered LLC)), submit
you consulting proposal and contract (no more then 1 year)
indicating specific consulting goals you will achieve.
o Barring any unforeseen complication, you start fresh as an
independent contractor consultant.
• You must invoice SP every month for your time at the agreed rate
• All written communication from consultant must clearly list the consulting company name.
• The consultant must have business cards with consulting company name.
• In all verbal communication with customers, vendors and employees the consultant must use the title “Plant Consultant”.

No arguing! This is how it has to happen.
-----------------------------------------------------------------------------
I was gullible and did exactly as he wanted. 6 days later his lawyer along with the owner and his brother told me in a restaurant, where he asked to meet me, that I could not become a consultant and he did not want me back as an employee. The owners kept quiet and let the lawyer do all the talking. I was shell shocked. On being confronted about reneging on his promise, references to allow me secure a job and what would happen if I wanted to claim unemployment they said that they will ensure that everyone including EDD knows that I was terminated/laid off. I have applied for Unemployment, but now they are unwilling to talk to people properly for reference and say they will give my employment dates and tell the reference seeker my duties and responsibilities only.
-----------------------------------------------------
Can I sue my former employers for employing fraudulent practices to get my resignation to defraud me of my bonuses? Could the owners or employees (all of whom were told that I resigned) were be subpoenaed if the case went to court? Could a settlement be reached with my previous employer? I am an Asian American (an outsider) who has always worked for small companies and have recently purchased a house and now have to face this. Please let me know if there would be any lawyer in Inland Empire (CA) who would be willing to take my case. Ray (XXX-XXX-XXXX)XXX@XXXXXX.XXX
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello Ray,

I'm sorry to hear about your situation and hope I can help.

Since you did receive a statement from your employer that (at least indicated) that you would receive a job as an independent contractor after your resignation, you could sue the employer for breach of contract for failing to hire you as an independent contractor following your resignation.

That said, this case may be more difficult since you were actually the moving party in submitting your resignation, although you were promised that you would receive a position after this.

Also, unless the bonuses were non-discretionary, you wouldn't have a right to them, so you wouldn't have any basis to sue on that regard.

You could subpoena co-workers if the case goes to trial. You would also be able to receive a settlement from your employer if they choose to settle the case before trial.

Finally, unfortuantely, due to the rules of the site I cannot make any specific reccomendations for attorneys to handle your case.

However, here are a few sites you can start your search with:

www.lawyers.com

www.avvo.com

www.martindale.com

Expert:  Joseph replied 1 year ago.
Hello Rahul,

Please remember to rate my answer positively so I get credit for my work.

Or, please ask me any follow up questions you have.

Thanks and best of luck!
Customer: replied 1 year ago.

I expected more than ---could be, would be and may be.----

Expert:  Joseph replied 1 year ago.

I was informing you of your options Rahul. I , nor any other lawyer can promise you certain results in your case. (If there were that many certainties in the law, there wouldn't be as many lawyers as there are).

Please let me know if there are any follow up questions I can answer for you.

Customer: replied 1 year ago.

please return my $35/-

Expert:  Joseph replied 1 year ago.
I'll send your request to customer service. Since you didn't intend to accept my answer anyway, I'm very disappointed that you chose to rate my service negatively just because I couldn't give you information you wanted to hear.

I would really appreciate it if you change the rating of my services as it affects my rating on the site and ability to help other (more receptive) customers.
Customer: replied 1 year ago.

OK - I will change your rating ----God bless you.----send a link to change your rating

Expert:  Joseph replied 1 year ago.
Thank you, Rahul. You can change the rating by rating a follow-up answer positively, like this one here.


Joseph, Lawyer
Satisfied Customers: 5043
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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