The company is owned by 3 Italians. None have 50% or greater stake in the company from the letters of Incorpration filed in the state of Delaware. (all have less than 50%, none of the owners are the person that took my job he was an employee)Said employee wrote to state department in 2013 saying he wanted to work in America as an Engineering Manager. This job he wrote about was my job. No where did he write "I'm taking a US Ctizens job". I have this document thru court order.E2 Visa forms state it was an addition to work force. This lie was signed by the President and Immigrant. He replaced me. I have this form as well thru court order.I have his letter of offer that clearly states it is my position he took. They paid him $20k more a year, guaranteed 18 months severance, a 10k bonus, company car, and promised they would pay to have his wife/kid brought in on Green cards
at their expense. I have these documents thru court order/discovery. It is very clear.They stated my job was eliminated to me as the reason. NOT TRUE, he was offered my exact job. I have both their response (my job was eliminated) and the proof that for a year they worked to get the immigrant into the USA. All application forms submitted to state delpartment, letters of offer, his state department original application.His application states, NON MANAGER/technical position he took a management position. Another lie clearly on the form they signed.His investor application states he invested 4 million. NOT TRUE! The four million is the original $$ to start the business years ago in Deleware. There is no "fresh" money.I was turning 50 at the time. I have a 4 year degree from the university of cincinnat and an mba from Xavier 20 years experience. He has 6 years experience and a 4 year degree in Italy.Discrimination by national origin/age is the main thing I sued for.Plain and simple, they gave a 36 year old immigrant a 50 year olds job. They couldn't offer me other openings in the company because they knew I would object.None of this is hear say. I have all the documents and communications to prove it.My goal:
Recover lost wages/bonus.
Recover property value they kept when they kicked me out.
Revoke his E2 on the basis of fraud.
Punitive damages for what they have done.Currently they want to settle and I have asked for a value. I have asked for $306,000.That settlement will allow him and his family to stay in country.I'm still recovering and have 40k in debt I never had till this occurred.They countered with $50k, first offer in the negotiation.My belief is I have the upper hand in this situation. If need be I will continue to trial but am trying to understand IF the fraud they have committed is serious enough for them to take my civil case more seriously.IF I settled for 50k I would still have debt from loss of income after I pay attorney fees.Seems like a bad choice since I have them red handed in E2 visa fraud.What say you? Is this offense serious enough? Lies on E2 visa documents to get him into the country?Should I settle and let him stay in USA ?Or is case strong enough to win my original goals:Recover lost wages/list bonus/lost propertyRevoke E2 visaSend him home for Visa Fraud, he knew he was taking my job, it is clearly documented.Punitive damages for faux on State Department Visa documents.