We stole your company and we don't even have to give you the one million dollars.
Milford, NH (PRWEB) October 30, 2009
Christine Ingemi is a mother of 4 and inventor of the award winning iHearSafe Earbuds and Headphones. She created a product for the good of the public to help prevent hearing loss from loud mp3 players. Her invention limits the volume of any audio device to always stay below 85 dB regardless of how high the volume is turned up in order to prevent hearing loss. Ingemi invested everything she had to get the product ready to go on store shelves and she had interested buyers to place her invention in their stores. Ingemi only lacked funding to manufacture the large volume that the big retail stores would require as she had stated as a keynote speaker for Women's Business Conventions and Invention Conventions. Ingemi had been featured on many news casts regarding her invention including ABC News, NECN, WMUR to name a few. She was on national television shows including several appearances on CNBC's The Big Idea with Donny Deutsch . She had received several awards including a Finalist in Modern Marvels Invent Now Challenge seen on The History Channel. Ingemi and her invention were also featured in the Boston Globe, Boston Herald, Nashua Telegraph, Union Leader, Parenting Magazine, New Hampshire Business Magazine amongst many more. Ingemi also received a Commendation from NH Governor John Lynch for her invention.
Court records at Hillsborough Superior Court Southern District in New Hampshire Docket: 09-C-243 between iHearSafe vs. Christine Ingemi state the following:
Daniel M. Monfried along with Robert J. Finlay are the Managing Partners of Hillcrest Management, LLC 29 Armory Road, Milford, NH. They list iHearSafe as a Hillcrest Management portfolio company.http://www.Hillcm.com
Ingemi was sued by iHearSafe, LLC on April 24th, 2009 for Breach of Contract.
Defendant Ingemi's Motion to add Third Party Hillcrest Management and Robert Finlay was granted.
Ingemi's Counterclaims and Crossclaims to iHearSafe, LLC and Third Party Hillcrest Management, Robert Finlay include, Fraud, Breach of Contract, Specific Performance, Intentional Misrepresentation, Negligent Misrepresentation, Breach of Implied Duty of Good Faith and Fair Dealing, Wrongful Discharge, Assault, Promissory Estopple, Equitable Estoppel.
In court documents Ingemi claims Hillcrest enticed Defendant Ingemi to enter a Purchase and Sales Agreement (the APA) and Employment Contract with the entity they created: Plaintiff iHearSafe, LLC, Hillcrest and Third Party Robert Finlay enticed Ingemi to enter the contracts maintaining that they had the resources, expertise and interest in the Product to market it, capitalize it and make her money.
Under the APA Ingemi was to make three million dollars beyond an initial payout of $850,000 and another $150,00.00 to be held in a separate account to fund damages that Hillcrest and or Finlay might have due to tax filings of Ingemi (the Account).
Ingemi was also under an employment contract that provided a two year employment. Ingemi claims the only way the Employment Contract could be terminated without forfeiture and extreme penalty was if she died, or if she was fired for no cause. If she was fired for cause the APA provided that she would then suffer loss of income, employment, further payment of the three million, return of the Account, and repayment of an unreasonable pro-rata amount thereof of the initial payout and Account.
Ingemi claims there is an implied duty to operate in good faith and fair dealing in contracts of employment. the promises of the contracts were that Defendant would make money and her product would be actively marketed. The Plaintiff allegedly negligently failed to market, promote and sell the product all to the detriment of the Defendant. Ingemi alleges that when Dan (Dan Monfried of Hillcrest Management) was asked about the unfairness of the contracts Dan told the Defendant "We stole your company and we don't even have to give you the one million dollars."
Ingemi alleges Finlay intentionally inflicted injury to her and he had the present ability to do so; Ingemi repeatedly rejected his unwanted touching. This alleged touching, grabbing and other unwarranted and unwanted sexual contact to Ingemi causes her fear of further offensive contact with Finlay.
The Plaintiff allegedly created a hostile working environment for the Defendant with multiple occasions of sexually charged actions and touching. Ingemi states in court documents he was free to do so as if the Defendant quit she would suffer the forfeiture of everything.
Court documents show Ingemi received a termination letter dated February 5th, 2008 signed by Robert Finlay.
Defendant is claiming significant wrongdoing and bad faith in her termination for cause.
Ingemi alleges the only reason the Defendant was terminated for cause was to enrich the Plaintiff and a for cause termination triggered a grossly unfair forfeiture.
Plaintiff alleges Ingemi did not do enough to protect herself.
Court documents show Ingemi claims they had discretion over whether and when Ingemi could earn her three million. It is alleged that they now have sabotaged the product by recall, they took down the page, they took down the offices and they attempt to fool the Court that they can do so without the barest attempts to fulfill their duties to Ingemi.
Trial is scheduled for the week of June 28th, 2010 at Hillsborough Superior Court Southern District in New Hampshire Docket: 09-C-243 between iHearSafe vs. Christine Ingemi also named are Third Party Hillcrest Management and Robert Finlay.
Representing iHearSafe, Hillcrest Management and Robert Finlay is Attorney Kevin Fitzgerald of Nixon Peabody. Representing Christine Ingemi is Attorney R. James Steiner of D'Amante Couser Steiner Pellerin, P.A.
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