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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
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Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Do I have a basis for filing suit towards recovering my dues

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I am a resident of India, I was employed by a BPO Company (call center) incorporated in India till last month I have worked there for almost 8 yrs. This BPO Company had one Client a US Company the owner of which was also the owner of the Indian Company. In 2010 He made me a Profit Sharing partner in his US firm. I accepted this offer via my official email ID. (Yes I have the email conversation). The 2011 Profit sharing was to be paid by May 15th 2012 But has not been paid yet, He last month declared an amount which seemed very low when asked for accounting I was shut down and terminated from the Indian company.


My attempts to resolve this issue with him has been totally unsuccessful. He at one time suggested getting a re-audit but asked me to keep a deposit stating that the profit would come even less and asked me to bear half the cost of the Audit. I agreed to the Audit and informed him that will bear the cost for the audit if he is right if not he would have to pay me back with interest and Penalty. His responded by telling me to take it or lose it. Since then communications have come to a stop. I still have not received the 2011 Profit sharing or the 2012 Profit sharing. by my calculations this amount should be minimum of $20000.I have all the relevant emails with me.


I need to know since Email is considered a Written agreement. Do I have a Case against the US firm? And will this fall under Contract Law? I would like to file a suit to recover my dues owing to me plus interest and punitive damages if possible.   


Awaiting your reply.

Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Yes, the email can be considered a written contractual agreement between the parties. This agreement can be enforced in the US courts as the agreement was entered into by the two parties. Punitive damages I am afraid are not allowed in the US under breach of contract claims, you can only recover actual damages on a breach of contract claim and if you can prove fraud or bad faith in the breach, the court has discretion in awarding you attorney's fees.

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