Employment Law Questions? Ask an Employment Lawyer.
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IF you were an employee, then they had to pay you. If they did not pay you, then you have a wage claim against them. However, anything you have done for work with the company as an employee belongs to the employer. You can file a wage claim with the department of labor for them not paying you your wages.As far as forming a new company, that could be an issue with breach of fiduciary duty on your part for going off and competing against the business, so this could embroil you in litigation that would not be economical. So I would suggest that you would have to sue the company for wages and if you have control over the company, then you need to follow your operating agreement and seek to remove the offending board members.
You can be an employee or independent contractor, not both, it is one or the other. If you are an independent contractor, you can leave and take your information with you and they cannot access your information, since they never paid you for the work you have done.