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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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If you bribe a union official with money, to leave your

Customer Question

If you bribe a union official with money , to leave your business and customers alone and stop harassing your employees, can you be prosecuted for bribery for paying or offering a bribe?
Submitted: 1 year ago.
Category: Legal
Expert:  Lucy, Esq. replied 1 year ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

What state are you in? Was the union official acting on behalf of the union/in performance of his duties in contacting your business/customers/employees? What was he doing that you're considering harassment? And did he solicit the money or was it allegedly offered to him?

Expert:  Lucy, Esq. replied 1 year ago.

The short answer is yes, a person who offers a union official money to look the other way and not do his job can be criminally prosecuted. I just want to make sure there isn't more to the story.

Customer: replied 1 year ago.
I just figured out how to write back to you. Sorry about the wait.
I am in Nevada. My company decided not to sign the union contract.
The union is the teamsters We have been working non union for the past 10 years. My attorney advised me that they can not stop us from conducting business . But the business agent harasses my customers and tells them that they will shut the jobs down if they keep using my company. He has them intimidated. I don't think the business agents official duties are to harass people that are not in their union?
I just want to know if I can get prosecuted if I offer him money to stop harassing us?
Expert:  Lucy, Esq. replied 1 year ago.
That's OK. I hope you don't mind that I stepped away for a bit.
That could fall within the definition of commercial bribery, which makes it a misdemeanor if anyone with corrupt intent to "Offers, confers or agrees to confer any benefit upon any employee, agent or fiduciary without the consent of the employer or principal of that employee, agent or fiduciary in order to influence adversely that person s conduct in relation to the commercial affairs of his or her employer or principal" Nev. Rev. Stat., Section 207.295.
Your intent doesn't sound corrupt, but if the employee in question actually does have authority to shut down the jobs he's talking about, then it could be interpreted that way. And if he has no authority, then he could be committing extortion - trying to get people to do something by threatening to take negative action against them if they don't. You could actually report HIM for committing a crime. Or you could report him to whoever is higher up in the union.
Another option, if he's trying to prevent you from conducting business, is to sue him for intentional interference with business. That way, you're not setting yourself up for potential criminal charges (or lifelong extortion payments), and he could have to pay you for lost profits. Even if you haven't lost money yet, a judge can impose monetary penalties on him to get him to stop what he's doing. So, that may be a course of action to consider.
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