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Loren, Attorney
Category: Legal
Satisfied Customers: 34446
Experience:  30 years experience representing clients.
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This situation is really complicated. My father has 2

Customer Question

This situation is really complicated. My father has 2 partners that are married to his sisters. So we are talking about a family business. We grew up together our hole life and the three oldest sons of each family worked in the family business. I was one of the eldest sons. My father and his partners, my uncles had multiple pizza stores. I ran one of those stores for over 15 years and left the family business 2 years ago because I was allergic to flower.
Even tho I left the family business I found out that my cousins who ran other stores we on salary for many years while I was getting paid by the hour. These facts surface and my father didn't know so he is splitting from his partners. I ran their business and my uncles put both their sons on salary without my father knowing. Even tho I left the family business 2 years ago I don't understand why the excluded me from their decision. This has caused our whole family to be destroyed. When I was working for the family business I hear a rumor and called my cousin to ask him if he was on salary and he said no. So even my own cousin who was like a brother lied to me when I was working for the family business. Its really complicated but the emotional damage and lies are what bother me the most. Is there anything I can do, is it to late, I want my uncles to pay for what they did. When they all knew this was not fair.
Submitted: 1 year ago.
Category: Legal
Expert:  Loren replied 1 year ago.

Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.

Are you asking if you have a claim because they salaried and you were not?

Did you have an ownership interest in the business? Was there a written agreement in place?

Customer: replied 1 year ago.
I was an employee , I ran the business like it was mine. So I had the responsibility of running the store. Yes they were put on salary and I wasn't. So if I averaged gross 42 K a year they were paying their kids salary of 55K. When my father found out he is separating from his partners. Even tho I left the family business 2 years ago, my cousins we on salary for 6 years while I was working for the company
Expert:  Loren replied 1 year ago.

Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

Expert:  Loren replied 1 year ago.

Unfortunately, as a management employee, the owners had no legal (as opposed to moral) obligation to disclose to you the compensation paid to other employees, even your cousins, if they did not want to. It is within their discretion as to how to compensate the other family members. Though, it is certainly a slap in the face the way it was done. I sympathize with the betrayal you feel, but I do not see any possibility of a successful legal claim without a written contract promising a compensation package.

Expert:  Loren replied 1 year ago.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Customer: replied 1 year ago.
I wanted to see if there is something I can do. If I call would I be wasting my time. It looks like you are already telling me ther is nothing I can do
Expert:  Loren replied 1 year ago.

No, I am sorry to say, I do not see that there is any claim for you to make. Your father may have a claim, though, against his partners if they were diverting partnership income to pay the nephews without telling him. That could be the basis for a fraud claim.

Customer: replied 1 year ago.
there is something that is bothering me. We had to sign papers but I don't remember what is was for. If I had ownership in the business is there something I can do then
Expert:  Loren replied 1 year ago.
if they breached the agreement or withheld information then you have have a claim for breach and/or fraud.
You can retain an attorney to send a demand to produce the agreements you signed and determine if there is a cause of action worth pursuing.
If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise: is a huge worldwide database searchable by location and specialty.  The attorneys are all peer rated.  So, they represent the top of the profession.
Expert:  Loren replied 1 year ago.
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