Trial date re-set. Judge recently resigned...they don't even have a date. They said they would call me. Oh well...only 4months left on that bogus contract anyway.
So the opposing lawyer called me today and asked if we could just settle and both cut our losses. After all the crap they put me through, they want to just squash everything like it never happened. Since I don't have the money to pursue this any further, I guess I will agree to settle .
They did. When I quit I left about $1500 in commissions that were not paid. The commission was for the month of December of 2010. I quit in Feb of 2011 and was told that they would not pay me for that because I was not employed when they actually cut the checks. So I wanted them to pay me for that. I also lost out on about $50k in investment money because private investors backed out when I disclosed to them that I was under litigation. I was on track to make over $100k in 2012 but could not afford to keep it running without capital. I had also landed a job in Houston working in sales for another medical equipment company and one of their managers texted my boss about my case with them and I was asked to resign until this all blew over. I was making $55k base + comm with that company. They really screwed me over. Now I'm starting over...
I had the same thing happen to me. Literally. I'm 2.5 years past my issue with my former boss and I can tell you that you'll be a much better person for it all.
So, what're you looking to get back? You should be considering this. Their lawyer might cut you short.
It's tough man. My family has been through a whole lot these past couple of years. I used all of my savings and 401k to get this company off the ground and lost everything. I'm now unemployed with not a dime to my name and bills that don't quit. I'm in the process of starting an onsite computer repair business but things have been slow. I know I'll get out of this...but it really sucks to know that they accomplished their goal.
I'm not getting anything. I received a call from the trial coordinator, telling me that the trial was set for tomorrow at 1pm. I live in Dallas and it would have been hard for me to make it tomorrow. I was considering just not showing up and letting them win by default since they can't take something out of nothing...but then their lawyer called and wanted to settle with both parties walking away....basically a wash.
You are going to kick ass man. We all fall down, but you sound like a fighter and you'll be doing well for yourself in no time once this is finished.
I'd ask for money for the trouble. I think, even in court, they'd grant you that, at least. It's like legal expenses if you were actually able to get a lawyer. I don't think you'd be able to use the fact that investors dropped out nor your new employer firing you as a basis for compensation, though. Those parties made their decisions when they were informed of the suit and they were in their rights to do so. Your business folding because of the lack of capital is an unforeseen instance but running out of capital because investors bailed on you isn't covered by law (rightfully so considering you also had the opportunity to cover it with your own money). But I'd ask for money for the trouble, at least, if it were me. No way in hell I'd take that crap esp. considering they forged a document. You remember they forged a document when you settle. That's your ace.