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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 117370
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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I am a woman Managing Member and CEO of a LLC. Two of my male

Resolved Question:

I am a woman Managing Member and CEO of a LLC. Two of my male Investors are slandering and harassing me with e-mails and phone texts. One of them was caught falsifying our books numbers and I fired him. However he is still an investing member. What course of action cam I take to stop this and Can I have the Investing Member removed from the CompanY? All investors have been paid back, plus within 3 years of operation.
Submitted: 8 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 8 years ago.
Your bylaws should specify the procedure for the removal of an investing member. If the bylaws do not specify, then you would have to offer to buyout the member from the LLC and if they refuse or you cannot come to an agreement on an equitable buyout, you would have to proceed to court for the court for a declaratory judgment for an equitable buyout and removal of the member from the LLC. As far as the slander/libelous statements, if you can prove that not only the statements were known false when they are making them to third parties, but you are suffering an actual financial loss as a result of the statements, then you could sue for defamation/slander/libel. Furthermore, if the purpose of the communications are noneother than to annoy or harass, you could seek to file charges against the party with the DA for Harassing Electronic Communications and seek a restraining order against them.

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