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I am a senior employee in a small business in Ct that my husband

 

Customer Question

I am a senior employee in a small business in Ct that my husband (he is not an employee) are also own 19.78% as silent partners. We recently sought legal help to get financial documents that are supposed to be provided to us annually & have not been. We are also seeking to sell our interest back to the other 2 owners who are husband & wife. The wife is a boss & the husband is the business manager. Since we have notified them that not only are we seeking the financial documents, but we are disputing (per an accountant) the value of our investment. The other partners are resistant to cooperate with our attempts to work out our differences (although they have supplied some of the documents). Since we supplied the first letter of notification of our request they have changed their interactions with me and have recently decreased my responsibilities (I was "next" in charge which involved access to schedules and clients) they have also recently decreased my hours from 40 to 30 with no guareentee of my typical 37-40 weekly hours as per my employee agreement. I have requested explanations as well as concerns that it has always been understood as the most senior employee (i helped start the company) i always had first option at full time hours. Other employees have also noticed their rude behavior to me as well as changes in my responsibilities and caseload. Parents of my caseload have complained about their children being changed to other therapists and this is affecting the children's progress which I have also expressed in an e-mail to which I have received no response. They have also changed a policy that no one may leave at night by themselves (I had always been the last one to leave which they were aware of and never expressed any concern.
I recently sent them an e-mail regarding their recent behavior & changes in my hours, caseload & responsibities stating I feel they are retaliating Agaisnt me.
Do I have a strong enough case of retaliation?
Danielle

 

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State/Country relating to question: Connecticut

Already Tried:
I have expressed my concern with recent changes as well as stating in an e-mail that I feel the are retaliating Agaisnt me...I do have an attorney who is handling the investigation of the value of our investment and feels that our partners are costing us unnecessary cost to gain access to documents that are promised us per our partnership agreement. He has also expressed concern with their behavior towards me and the recent loss of hours as I can not afford the loss of pay.

Submitted: 323 days and 14 hours ago.
Category: Employment Law
Value: $59
Status: CLOSED

Accepted Answer

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Expert:  Board Certified Attorney Arcadier replied323 days and 13 hours ago.


Board Certified Attorney : It is clearly retaliation but it is not illegal retaliation because there is no retaliation law which prevents such actions. However, there are different claims. If they are violating your employment contract, then it is a breach of contract, even if employment contract was oral. Also, the catch all is fraud and violation of fiduciary dutires owed to minority owners. Those are your viable claims. Retaliation falls under title vii discrimination laws such as anti retaliation for complaining about being discriminated because of age, gender, etc or whistleblower or fmla. None of that applies. Stick with fraud, misrepresentation breach of contract and violation of fiduciary duties.
Customer : In my research there is also an area where retaliation Is legal when an employee is investigating an employer for questionable business practices which we have expressed. O
Board Certified Attorney : This is called a whistleblower action, but you must have reported something illegal.... you do not have a whistleblower case, not even close, based on what you described.
Board Certified Attorney : I gave you a practical straightforward and 100% accurate answer. What more did you expect.
Customer : They are clearly retaliating Agaisnt me and compromising the business and clients. We feel the reason they have withheld the financial documents is because of questionable business practices as well as it appears that our initial investment is gone. How can I seek some sort of compensation for this recent retaliation of decreased hours that affect my income adversely. We are going to arbitration to resolve the partnership issues
Board Certified Attorney : Only thing you have is if your reduction of hours is a breach of contract. Which it seems to be. So sue on that. Forget retaliation, that does not get you into the courthouse passed a motion to dismiss.
Customer : Will the employee contract only states they will do their best to schedule me to work 40 hours, but there may be fluctuations with seasonal changes (summer is one of them) last summer I averaged 37 hours...this summer I was down to 35... & then asked to not come in today for 5 hours b/c of cancellations which has never been implemented before. A new full time employee. As well as a part time employee were not asked to not co
Customer : comecocaine in where they had multiple cancellations and both worked more hours then I did. The employee contract does state even with fluctuations weekly hours will be steady...I went down to 30 so far this week!!!
Customer : Sorry this keeps submitti
Customer : Also my employment Contract states they will try to schedule me to work for 40 hours. It there
Customer : How can I use this retalitative behavior to my advantage when we go to arbitration?
Board Certified Attorney : You can use the retaliatory behavior to show malice.

Expert TypeEmployment Lawyer
Category: Employment Law
Pos. Feedback: 97.0 %
Accepts: 895
Answered: 6/28/2012

Experience: Employment Law questions answered. Unpaid Wages, Overtime, Discrimination, Harassment, and many more employment related issues.

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