I was hired by a huge corporation in a director capacity to create a new division/extension of an existing multi million dollar US company that sells product worldwide. My role was to set up business practice including all staff and to also create what I thought the new brand product line should look like. The new division was nothing but an empty building and I had no assistance or experienced help from the corporation other than a large budget. One person I procured was a friend/colleague of mine from a former company. What I did not know is that the CEO was having side meetings w/my contact behind my back to hire my replacement once I got things up and running and to market to sell!! And my "colleague/friend" backstabbed me, brought her own contacts and I was just replaced.I had no knowledge that while I was promoting my former colleague to get her hired into a much higher level than her last job where I found her, that the CEO who hired ME was secretly having meetings with her before and immediately following her hire to arrange for my replacement to come in and run the division I started. Then he gave her a promotion above what I was interviewing her for and the corporation launched the line I created with the staff in place. I suspected this was happening and when I asked her she lied to me and the CEO would not return my calls while I was there, instead having another staff member lie to me and say the replacement was just coming on to shadow me as a consultant..until I was replaced by this person. I have an at will contract but have a bonus contract based on first year sales I will never see since I have been terminated without cause.
This question is too fact intensive, and appears too document intensive for AVVO. You need to secure a free consultatioin with a business attorney and/or an employment attorney where you can dislcose fact s which would be too confidential to be disclosed on this site. Have the attorney review your contract and determine if there are causes of action for interference with contractual relations, and breach of good faith and fair dealing.
A question in my mind iswhat potential defenses do the parties have, because you have not disclosed why you were treated in this manner.
Phillip M. Smith Jr.
Los Angeles Tax & Business Attorney
Licensed in the United States Tax Court
Call: 323-292-4116 or 562-505-1004
THESE COMMENTS ARE NOT LEGAL ADVICE. They are provided for informational purposes only. Actual legal advice can only be provided after consultation by an attorney licensed in your jurisdiction. The answer to question does not create an attorney-client relationship or otherwise require further consultation. Mr. Smith is licensed to practice law throughout the state of California with offices in Los Angeles County. He is authorized to handle IRS matters throughout the United States, and is also licensed to practice before the United States Tax Court. His phone number is 323-292-4116 or his email address is [email protected]
Yes, if you were instrumental in establishing a new division of this multi million dollar business, you very well may have some excellent claims here. However, Avvo isn't a substitute for hiring your own lawyer, especially since you have far too much at stake and your matter is far too complicated for any meaningful insight, guidance or advice from this public online forum.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.
Although it sounds terribly unfair, the fact is that you were an employee and were presumably paid for your efforts. You had no contract to build the division. CA is an at-will employment state, which means that an employee can be fired for any or no reason. I think the bottom line is that you lost at the game of office politics this time, and have no recourse. The bonus contract might give you some rights; you could consult a lawyer on that. You state that you were “hired in a director capacity.” Does that mean you were legally a corporate director of HugeCo, or that you were just directing the division? If you were a director of HugeCo, you cannot be removed without the consent of the shareholders, but I doubt that you mean that.
DISCLAIMERâ€”This answer is for informational purposes only under the AVVO system, its terms and conditions. It is not intended as specific legal advice regarding your question. The answer could be different if all the facts were known. This answer does not establish an attorney client relationship. I am admitted only in California. (Bryant) Keith Martin sbbizlaw.com
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