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Yes a contract with salary 82,500 for one year
If I quit I would have to pay back moving cost and head hunter fee
They said I didn't get there concept
Thank you for your follow-up, Charles.
If you did not 'get their concept', it is not really a termination for cause. Hence, since it appears that you were a contractual employee, they do owe you the remainder of your salary as liquidated damages if they demanded and required you to remain with them for a year. While employment contracts are all different, that would be your argument for payment since they did limit your ability to quit early. As for the termination itself, that is typically not actionable--an employer can terminate you at any time without cause. It only becomes potentially actionable if the termination is due to factors such as your age, gender, race, religion, national origin, creed, or disability if any. It can only then become actionable if you can tie in their termination to such conditions--terminating you for not getting along with them is not really illegal and would not cause any further liability on part of the employer.
What would be my next step? They owe me $15,448.00
I have done nothing so far, other then send them my receipts for moving as they said they would cover my cost for the move back to Maine
I received a email today saying they were not paying my reimbursement for my move back to Maine. Yes I have moved back to Maine. I responded to them saying I spoke with legal counsel and they are obligated to pay my contract. I said if I don't have the total amount owed to me from the contract in two weeks I will begin legal options to receive my funds from the contract
Then the next step for you would be to retain counsel--since the amount here that they owe you is above small claims, you would either have to agree to pursue them for less and up to the small claims limit, or take them to a higher court. You would have to sue them in the county and state where they are located, which means that you might have to move and start proceedings, and then return to the proceedings as time goes on. In Maine the small claims is $6,000, in Alabama it is $3,000. If your move was under the former amount, then you can use small claims in Maine.
Hope that helps.
What do you mean move? They owe my 18K plus moving costs. 3k is a lot less
I realize that $3,000 is a lot less--I simply pointed out what the small claims limits are and why you need to go to a higher court if you want to pursue them for the funds you are owed and not settle for the limits. But that would then require you to obtain an attorney to help you sue them for costs.
Ok Thank you,
Do you know a lawyer in AL that can help me out? Do you think he would work off compensation from my settlement?
You are most welcome. I do apologize but I cannot provide you with a referral as it would violate site rules. You may want to browse the listings at www.avvo.com and www.martindale.com. As for contingency, I must be realistic and state that having you find someone to work on contingency is quite low in this situation--it might be possible but highly unlikely.
Good luck and please take care.
In your opinion what would be the better move, state small claims here in Maine or higher legal counsel in AL?
I am unclear as to why filing in Maine would make sense if the company is in Alabama--hence I see it as a no-brainer.
Hope that clarifies.
Sorry to bugging you but when you say no-brainer do you mean small claims or the total amount?
Thanks for the help
Sorry if I was unclear--I meant filing in the state where the company is located, not where you reside. As for whether or not pursue her via higher court or not, that I cannot answer as it is purely your own decision--all I can say is that they will likely fight vigorously, and you wold need to invest into a legal fund to pursue it.
Okay thank you
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