Legal Question in Employment Law in New York

Difficult situation/many questions

I was asked to resign a few mos ago from a customs brokerage firm I was instrumental in starting. I refused to sign the separation agreement offered, the severance offered was miniscule and the conditions unreasonable. As the licensed officer for the company I was personally responsible for assuring that the company adhered to all customs laws, also I was the only US citizen officer of the company, the company was financially backed by foreigners who sat on the board of directors and where officers of the company. They often wanted to ignore rules/regs and laws that they felt were ''stupid'' which led to many arguments. I did not have a contract, however, I have many emails (2 years worth) to prove some items they deny. Not only that but one of the backers was sexually harassing me and admitted to it.

1. what legal recourses do I have for the termination?

2. They never paid me for accrued vacation time, can I still get that?

3. They used my name and my license for weeks after the termination? Shouldn't I be compensated for that?

4. I was lied to and cheated by these people, is their any civil action I can take?


Asked on 11/06/07, 5:34 pm

2 Answers from Attorneys

Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Difficult situation/many questions

Without knowing more, I suspect your best cause of action would be breach of contract or unjust enrichment against the people you formed the company with. If you were sexually harassed that is a separate issue, as are regulatory violations, unless you blew the whistle and were fired as a result.

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Answered on 11/07/07, 11:34 am
Jason Stern Law Offices of Jason Stern

Re: Difficult situation/many questions

Considering the circumstances, you would be well-served by hiring a Severance Attorney.

My office routinely handles cases like this, taking into account any alleged wrongdoing or illegal conduct on the part of the employer in undertaking to negotiate the largest amount of compensation possible in each case.

You may contact my office via email or through our website SeveranceAttorney.com

I look forward to speaking with you.

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Answered on 11/06/07, 6:28 pm


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