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so can a board president who works for Bof A in merging department higher a director from an agency that he plans on merging with and allow that director to go through the agency info and get insider scoops of how our agency operates? and if we felt that he violated fiduciary duty how can we file such claim
I tried to reply but you were instantly offline i needed info now I rated you poor because this web site claims I can reply to your answer if I need more info and you were not ava I can see if you were busy but completly offline for 39 dollars was not fair!
please respond... thats why Iam here.... I want to save my agency and so do all the other foster parents and the employees there has to be some legal way we can stop this
Ok. I will continue to assist you until you are comfortable with an answer. Please be patient. We are not always available to have a chat-type response, so please be patient.
Yes. The way to prevent this from happening, the individual being hired would have needed to execute a non compete and a non disclosure agreement in order for him to be prevented from disclosing "insider scoops." So, if that doesn't exist, then all that is left is the common law tort of violation of a fiduciary duty. Any director or shareholder can file a breach of fiduciary duty. It is filed in State Court.
can an employee file it or a foster parent? we are not on the board ,but our children our the clients and our children our placed by the agency under the agency license in our certified homes
and last question sorry want to make sure I get this right... is there any legal terms we must use in the tort to ensure we are presenting the facts correctly and do we file against the whole board?
First step is to notify the Board in writing how they are violating their fiduciary duties. You give them an opportunity to remedy the happenstance. If that doesn't work, then you file a claim against the individuals who violated their fiduciary duties.
thank you .... and thank you for responding