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Thanks for your help. I am receiving a job offer from a firm…

Hi, thanks for your...

Hi, thanks for your help. I am receiving a job offer from a firm struggling with Embezzlement. The firm provides professional engineering services. The position is general manager and vice president. The position does not provide partnership immediately but optional after 1 year of employment. However, I will be the managing agent who files a permit thru state board of engineers. Would I fall in any kind of liability towards the embezzlement issue?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Maryland

Lawyer's Assistant: Has anything been filed or reported?

I dont know what the company has files

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Has filed

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Answered in 3 minutes by:
2/14/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,536
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

When you say they are "struggling with embezzlement" can you be more specific? Who is being accused exactly? I very much look forward to helping you on this matter.

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Customer reply replied 6 months ago
Money has been take from the firm by a couple former employees, and my understanding is that they are being accused.

Thank you.

Since the embezzlement obviously occurred before you were even employed, what possible exposure here are you concerned about? What precisely is your thought process?

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Customer reply replied 6 months ago
The firm will be confirmed as an engineering firm via my license at state board of engineers. Shoul that be a concern? If I buy share from the firm after a year when provided, should I put me responsible of any debt that firm has?

Thank you, ***** ***** I am going to opt out in favor of other attorneys who might have more expertise when it comes to the specific issues you are raising. Someone else should be with you shortly. I apologize for any inconvenience.

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Customer reply replied 6 months ago
Ok thanks
socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 40,148
Experience: Retired
Verified

Hello,

Different contributor here. Please permit me to assist.

The only debt for which you could have responsibility would be a failure to withhold and remit employment taxes to the IRS or state department of revenue. And, that would only be true, if that failure to withhold and remit has already occurred prior to your joining the firm.

However, if the business has a serious shortfall in capital due to the embezzlement, and you invest your funds into the business, then your investment may be used to cover the lost monies, and that could leave the business still without sufficient operating capital. Which could lead to bankruptcy, and that would mean your investment would be lost.

So, I would be extremely careful about investing in the business, because unless the embezzled funds are recovered quickly, you could find yourself invested in a business that is inexorably destined to insolvency/bankruptcy.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, Justanswer retains your entire payment, and I receive nothing for my efforts in your behalf. Note: If you cannot find the rating button on your webpage, please just type in your rating in a response to this note, and customer service will apply the rating for you.

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socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 40,148
Experience: Retired
Verified
socrateaser and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 6 months ago
Hi,
Thank you very much for your answer. Very helpful. I would rate it 5 stars. I appreciate your assistance. Have a great night.

You're welcome and thanks for using Justanswer!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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