Do they have a record for doing that?
The only Nicalis game I own is Steam's Cave Story. That game had the classic visuals and soundtrack intact so I can't complain.
-NA WiiWare version of Cave Story missed several announced launch windows, and when it did finally launch it featured numerous bugs, including a sound/music bug that had been pointed out repeatedly during the pre-release period that they claimed was fixed, as well as deviations from the fan translation that annoyed people for whatever reason
-PAL WiiWare version of Cave Story didn't release until ~10 months after the NA version (although they did lower the price and give us the bug-fixed version to compensate)
-PAL DSiWare version of Cave Story is still MIA some ~15 months after it was released in NA (missed at least six launch windows)
--Cave Story 3D is a thing that exists
-NA/PAL version of La-Mulana WiiWare is still MIA some ~9 months after it was released in Japan (missed at least four launch windows)
-NA 3DS eShop port of VVVVVV is missing announced features (like custom stage support via SD card) yet costs more than the PC version, and also included a few bugs that froze the game and prevented you from accessing some of the alternate mode (these have since been patched, IIRC)
Then there's also the cancellation of WiiWare NightSky, and whatever issues the Cave Story Steam/Mac ports have.
I've also heard complaints about Nicalis/Tyrone Rodriguez having Cave Story LPs pulled, trying to have Team Meat pay him for Quote's inclusion in SMB, packaging fan content as paid DLC, etc but I don't follow any of that stuff so it could all be complete bullshit.