You're basically correct in your views but it's rarely worth spending much time to correct.
If you are determined to try to force him/her to file a proper answer, the avenue is a motion to strike the answer and enter a default.
A motion for summary judgment-- while time consuming-- will force a full disclosure of their position in detail.
The correct approach would require an attorney to learn the details of the claims and defenses, and the proofs on both sides. Unless they're...
There are several issues. The NY attorney may risk criticism for doing as you propose, but I see nothing that prevents his participation as your associate counsel. More than one attorney can take part on behalf of a party at virtually any stage.
I am also unaware of anything preventing his asking questions via a talephone connection during the deposition. The worst thing that can happen-- I would think, and without seriously researching the point-- is that the opposing counsel may refuse to...
As the other respondents correctly note, your question is one that is very fact-sensitive. The precise contract terms and the overall fairness of restricting your post-employment opportunities and ability to earn a living are elements that must be considered. Another factors ares the cost a litigating and the effect on your subsequent employment.
You need to sit with someone who can help you evaluate all the many consideration and advise you after all these factors are known and discussed.
My understanding is that as long as you have not formed a business entity and continue to be free and available for full time employment, and are seeking it, you remain eligible to collect Unemployment benefits.
The correct form of action would be a suit for injunction and an accounting for any profits wrongfully generated. The proofs of damages may be difficult to establish and quantify, however.
There are many questions that must be addressed before anyone can say whether your manual is sufficiently proprietary to be protectable in court.
Is it unique? Is the information generally known in the industry? Is its use unfair as a basis for competition?
You really should meet to discuss this in...
I'd love to do it myself-- I do both plaintiffs' and defense work in employment law, am certified as a civil trial lawyer, and have over 45 years at the bar-- but I'm not certified as a mediator.
Call if you want some other ideas.
Good question. The answer is "none" unless there is a credible allegation of discriminatory or retaliatory motive as the real reason. The the employer had better articulate and, if you sue, prove a legitimate reason for termination.
The short answer is yes, unless the emplopyer's motives are illegally discriminatory or retaliatory under the governing law, or violate a clear mandate of public policy.
The answers to these questions are very fact sensitive and the inquiry is rarely simple.