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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 110428
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I had an independant sales person who I thought I would ask

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I had an independant sales person who I thought I would ask to go into business together. On November 21st, 2010 this sales person did not turn over all the sales money he was collecting or informing me he sold product. He was putting the sold product on his own personal card, so it would not raise flags to me ormy business. I went into an agreement with him on January1st 2011 to become business partners, not knowing he was already stealing form me. During the relationship he continued doing the same thing (embezzling) from the corporation. I did my homework and saw some things were off. I realized what he was doing and terminated him from the business. Can I bring a cause of action to void the contract because there was fraud involved a month prior to us going into business together and because he entered into this contract in bad faith?
Submitted: 5 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 5 years ago.
What type of business did you form? Did you have a written contract?
Customer: replied 5 years ago.

I sell shade for a living (i.e. Patio covers, Awninging, Dropscreens, etc.) Yes we had a written contract.

Expert:  Law Educator, Esq. replied 5 years ago.
Then you would need to file a breach of contract suit against him for the taking the money from the company and you could also seek to file embezzlement charges with the DA and have him criminally prosecuted. These are your two remedies to resolve the matter.

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