Do I have a wrongful termination case?
I am an independent contractor who was being used as an employee, violating IRS employment laws. Also my employment contract was fraudulent. The number of current members that I was to manage was stated to be 1100 in my contract. They based my raises on the number of members I recruited over 1100. In fact, there were only 940 members - so I would have had to recruit 160 members for free before I could even start to look at getting a raise. They misrepresented my salary - told me it was half of what they paid the last person that had the job. My attorney sent them a demand for payment letter, stating clearly that if they retaliated against me by firing me, that I was within my rights - as an independent contractor - to take the database and the website down as the contracts gave them no ownership of my work product. They took the 10 days my attorney asked for a response to mount an attack against me. They received the letter from my attorney on the 10th and they fired me on December 23, 2015 leaving me with a house and truck payment that I now cannot make. They sent me a nasty termination letter, telling me they had a file on me to verify that I had breached my contract, and they sent it via email with a restraining order. A restraining order has to be served personally or it's not valid. That is plainly stated in New Mexico Procedures. It can't be emailed or mailed. The restraining order was to keep me 500 feet away from the office - which I've only been to twice in the past 7 months, not to harm or harass their employees or other members, making me sound dangerous. And it said for me not to take down the website or the database. New Mexico law states that a restraining order is not valid until personally served. Now they are telling members that are calling because they can't get on the website that I violated a court order and breached my contract. I did not breach my contract. I did everything that I was supposed to do and the few things that weren't completed are shown - via copies of emails - to have been because the President - my "boss" - was uncooperative in working with me. It got so bad with her that I had to start going through a board member and had to conduct all correspondence with her via email because she was so difficult and lied to me about so many things. So I have them on fraud, misrepresentation, violating IRS employment law, probably some ADA violations and not wrongful termination? And I need an attorney. I was going to sue for fraud on my own because it's an open and shut case. I have emails from them stating that they knew there weren't 1100 members when they had me sign that contract. But with all this other stuff, I really need an attorney.
0 answers | asked Dec 27, 2015 7:43 PM [EST] | applies to New Mexico
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