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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 116789
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I worked company that started in canada but moved to the

Customer Question

I worked for a company that started in canada but moved to the usa. I was a c level person and agreed to defer my income. I helped set up the usa entity, helped get contracts, commerce, was told when and where to go. I had a canadian employment agreement, they have common ownership in canada and usa and now have all their assets in california/usa. We didnt change from the canadian agreement, but I worked for and was identified with the usa entity. They are asking me to quit and pay me 10 cents on the dollar or they will fire me and not pay my back salary of 57,500 dollars and my expense account and reimbursements. what are my rights? who would I file a claim with?
Submitted: 1 year ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Absent any choice of law and forum provision, if the contract was entered into in Canada, but they no longer have presence in Canada because all of their assets are now in the US, you can sue in CA and the CA court would likely use Canadian law as that is the law the contract was written under to decide the case.
This is breach of contract and it is grounds to sue for them in CA where they are located. Furthermore, to complicate the issue, if you did any work for this company in CA, then they are liable to you also under CA law and US Federal Law for failure to pay wages if you are an employee of the company in CA. So the case can be brought against them in CA if that is where they transferred their location to and the court may have to hear part of this under Canadian law for the contract being entered in Canada and part under US/CA law for failure to pay wages for work done in the US.
Customer: replied 1 year ago.
They kept the canadian company as well, they just transfered all the business to the USA corporation as noted above.All funding, commerce etc was done and is under the name of the USA corporationDo you suggest I start with the labor board and then sue them as well?Any damages to me other than no reimbursement of expenses and wages or are there other things I am legally able to go after them for?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You would start with the complaint to CA EDD or US Department of Labor for failure to pay wages. Since all funding and assets and everything is in the US. You would seek damages for non-payment of wages which under US law, the Fair Labor Standards Act can get you 2 times damages (3 times damages if you prove they have not paid in bad faith) and also attorney's fees.