Ask a Business Lawyer. Get Business Law Questions Answered ASAP.
-Could you explain your situation a little more?Is there a lawsuit involved?
Is the ex employee supposed to be a witness in the case?
Who wants an affidavit?
I am the owner of a small healthcare business. The previous owner sold business one and a half years ago. The seller is a retired dentist and he did not practice at the location. But he used his license to bill government on behalf of another doctor who is not eligible to bill the government.
In summary, about half of earning of the business was through fale medical claim. I like to charge the previous owner make false business statement.
In order to prove this, I need to have someone to witness that the previous owner did not practice at the site. Three employees remain working here after the business was sold. They are the best person(s) to sign affidavit- the previous owner did not practice. The dispute is not in lawsuit yet. But I plan to do so after I obtain the solid proof. Since there is arbitration clause in the business purchase agreement, the solution may have to go through arbitration. In any case, getting witness is a key I think.
Of course the buisness broker who brokaged the sale had marketed the business to me as absentee owner. He is also be able to prove this.
-Could you explain your situation a little more?I'm still not certain who wants an affidavit?
Are you talking about filing criminal charges or a civil suit?
Have you lost money as a result of all of this or do you just want to expose the former owner to a crime?
Thanks for the patient.
I overpaid the business because of inflated earning made the seller. I am seeking compensation. I lost money.
It is a civil suit on breach of business purchasing agreement although it also involved healthcare fraud by the seller. I need to prove that the prevous business's earning was obtained through false billing (to govenment).
Through billing, the previous owner claimed he personally provided healthcare service (to the government healthcare department). But he actually did not practice. The work was done by a different person who did not have appropriate license. I need someone to tell the court/artitrator that the seller did not practice.
Thanks. I may have to shut down the business soon. My concern is that the employees may be not willing to coorporate or have no interest to testify in court after the shut down of the business.
Yes the absentee owner does have directly impact on the business earning. After the business was sold, the dentist(Dr.C) who did the actual work has to quit because he himself did not have the appropriate permit to treat patients in government healthcare program. The previous owner(Dr. F), a retired dentist had been using his permit to bill the government for the work did by Dr. C.
no longer use his license to bill the government for the work did by another doctor.
Does "subpoena the employee to testify" means they have the duty or legal obligation to testify (required by law)? That is I like to confirm.
Dear David Kennett,
I would like to do a final consultation with you about this before making final decision on launch lawsuit or not. I will post my question tomorrow.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).