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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88706
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I fired my partner for cause (I owned 90% of the company) on

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I fired my partner for cause (I owned 90% of the company) on 10/30/2007. His sister was my controller at the time. She had this job for app 13 years. His sister stayed at the company until 1/28/2008. I found out about a year later after reviewing financial transactions and looking through a lot of records that she (controller and in charge of personnel) had terminated her brothers employment at the company on 9/29/2007 and secretely put him on a consulting agreement that was never signed or approved by me. I had refused to sign this agreement with him previously. There was and is no signed contract. He used this termination record his sister secretely did to access his 401K without penalty.

She paid him $11,500 in consulting fees. She also paid him a bit more then $16,000 through the payroll system for no reason that I can find at all. It was not related to salary as he had received all of that and we have no severance agreements at all with anyone in the company.

Timeline:

9/29/07 Partners sister termionates brother from company payroll system. This makes partner elegible to collect 401K savings without tax withholding. He continues to work normally and I am unaware of any changes.

10/15 app. He receives all normal salary.

10/20 app. He receives first check for app. $8,000 through payroll system.

10/27 app. He receives 2nd check for app. $8,000 through payroll system.

10/28/07 I fire him for cause. He leaves the plant

11/2/07 app. He emails his sister and asks for the consulting money of $11,500. She pays him.

There was and is no signed consulting agreement. He initiated his request to be paid through an email he sent only to his sister. She paid him. There is also no basis of the $16,000 payroll transaction through any severance agreement or other contract at all. Just the fact that his sister controlled the payroll system and transacted it secretely. I found out about these things well after the fact as a result of how well she hid her actions.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 1 year ago.
They are likely going to tell you that this is a civil matter and you will have to file suit against him and his sister for the illegal actions and embezzlement of money from the company without any authority. You have a civil cause of action against them, even if the police refuse to pursue any criminal case against them. The concealment of the actions is grounds for tolling of any statute of limitations of the case and the statute begins to run from the date you discovered the improper payments from the company.


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Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 88706
Experience: Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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