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want to file lawsuit against employee who sold the bussiness with consent or knowlwedge of the owner.
Elgin, IL
Viewed 15 times.
Posted about 1 month ago in Lawsuits / Disputes
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We had a contractship with Fedex and our empolyee sold the contractorship with owners knoweledge and pocked the money.
Answers (3)Andrew Pavlinski
This attorney is licensed in Illinois.
Posted about 1 month ago.
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The details of your situation are unclear. You should discuss the details of this situation with a commercial litigation attorney. My firm handles these types of matters and would be happy to answer your questions. Feel free to contact me via the link below or by email at info@pav-law.com .
Erik Glen Swanson
This attorney is licensed in Illinois.
Posted about 1 month ago.
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Not only does it sound like you'd have a civil case against the employee, but potentially a criminal case as well, depending on a full analysis of the facts.
Mazyar Malek Hedayat
This attorney is licensed in Illinois.
Posted about 1 month ago.
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Your question is short on detail but appears to ask whether you can sue an employee that sold a corporate asset (in this case the asset is what you refer to as a "contractship" with FedEx). There is really no way to give you a solid answer in this forum because much more detail is needed, but let's start with these points:
First, the right to sue belongs to the injured party, and in the situation you describe the "injured party" is the corporation or business entity. If there is no entity and business is done by the owner in his/her personal capacity then he or she may sue individually. Otherwise the business should be suing to recover the interest sold by the employee without authority to do so. Second, even if you prove an employee sold an asset or right that belongs to the business or its owner, you still have the problem of how they did it while the owner looked on. The employee may be able to claim that it was all done with the owner's consent and that the owner is just having "buyer's remorse." Get the wrong judge and this will be a sticky issue. Third, there is the problem of valuing the interest that was sold. Just because it was sold for $X does not mean that it was worth that much. Maybe it was worth more. Maybe it was worth less. That is an issue that should be examined so you know whether this is a valid issue to chase. Finally, there is a possibility that the business or owner that was wronged could seek damages for breach of good faith and fair dealing, or some other form of business ethics violation. The problem with this cause of action is that damages are speculative because they involve asking how much an owner "would have" or "could have" or "should have" made if the wrongdoer had not committed the wrongful act. I hope this information has been helpful. I recommend speaking with competent counsel before you make a final decision. Feel free to contact us if we can be of assistance. |