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  1. #1
    Join Date
    Mar 2015

    Default Business Partner is Forcing Sale of Company After Hassament Claims

    My question involves business law in the state of: Indiana

    Hi all,

    I am 20% LLC owner of a company in Indiana. My partners are married and I have known them for years. My company has been in business just under two years and has grown very rapidly. We have about 20 employees, including my wife & myself on payroll. My wife and I do all of the accounting for the company and play a very active role.

    Well last week one of my supervisors called me saying that she was approached by 4 employees claiming that 4 employees were sexually harassed by the owner, my partner. One of them apparently had text messages to prove it. So last week I followed up with all of this via email to document that I was doing my investigation into the matter. My partner became enraged that he felt I was "taking their side" by following up and getting all of the facts on paper.

    Whelp, today without notice, I was taken off of the business bank account, they hacked into my email (I'm assuming to read these confidential emails between employees & myself), and sent me a letter from some random attorney via text message, stating that he is the company attorney. The letter stated that I was fired, I was to turn over all company possessions, and that I am no longer a partner.

    Our LLC agreement states we will mediate before any further legal recourse. It discusses dissolving the LLC or selling a share, however it does not discuss forcing a buyout. So i have so many questions, and I am going to get a lawyer tomorrow in Indiana, but I want to know that I'm not wasting my time & money.

    1. first off, them getting into my email and reading my confidential emails seems illegal, i dont know under what, but it does!? Especially the fact that it seems that they are trying to cover up a sexual harassment suit against them.

    2. I know that I can be fired as an employee, but I am an active member of the LLC according to the operating agreement, and per the IRS all active members must be paid a "reasonable wage", correct?

    3. This attorney says that he is the company attorney. I am still a partner regardless of what he thinks, doesn't he have a fiduciary obligation to me too? It would be different if he was their personal lawyer correct?

    4. I am looking for a lawyer tomorrow, I was thinking to start with labor law?

    Thank you so much for any input

  2. #2
    Join Date
    Mar 2013

    Default Re: Business Partner is Forcing Sale of Company After Hassament Claims

    I don't think labor law is the way to go.

    As an owner you're not really an employee even though you are "on the payroll."

    I suggest you seek a business/contracts attorney as this is more of a contracts issue than a labor issue.

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