My question involves business law in the state of: Georgia
This is a somewhat complex scenario and wasn't sure where to post so I apologize if it's in wrong area. It involves 3 companies that employee was a part of and profited from all three.
COMPANY A - S-Corporation, Employee was 25% share holder, vice-president, and CFO mostly a service provider with limited merchandise. $750k-$1m in sales yearly.
COMPANY B - Employee was Manager - subsidiary of Company A and mostly a provider of labor that did. arise from sales from Company A. $500k +/- yearly.
COMPANY C - Not an employee, owner and registered name of company John Doe dba Company C. This company provided retail items for sale and provided the labor required for installation. Was a complete separate entity from A and B Company but contracted sales and installation with Company A as exclusive provider of the products Company C offered.
Employee of Company A was on his way to work one morning and involved in motor vehicle accident requiring being air lifted to trauma center and underwent multiple surgeries to repair badly damaged left arm and shoulder requiring months of healing. While recovering he entrusted the management obligations of Company C to the owner of Company A based on past experiences all being good and trusting his business was in good hands. Knowing his position at Company B would not be able to be held open he assisted them in finding his replacement. Feeling relatively sure that he could return in a timely fashion to his executive role in Company A. Long before max medical improvement time was up, he announced his return only to find his office had bee cleared of all his personal contents. He approached the owner also President/CEO and inquired about his personal items and office and was told that they had a financial downturn and funding would not accommodate his return at that time but assured him when things picked back up, they could afford for him to return to his position. While waiting, he was offered a temporary position to train a new location manager and approached the owner of Company A once again. He was again told the same thing so he inquired about taking the temporary job and then returning to his position and inquired again about having them continue managing Company C because it was established there and out of the 3 companies appeared to be doing the best at that time from what he had seen regarding the financial statements. He was assured the business was in good hands and knowing Company A had a problem with the owner''s daughter stealing from Company A, he expressed his concerns and made them assure him that nobody else would have Access to his Company or Profits. He allowed for a fair margin to go to the interim manager but that was it. While working the new training job, he was alerted of changes that had been made within the Secretary of State office regarding the Corporation and looking into it, realized that the changes involved a forged signature by the daughter removing him from executive status, in fact removing him completely from the business and installing her husband to both Vice-President and CFO seats that her forgery and votes had made available. Upon his return, he approached the owner once more and insisted to see the amended articles of incorporation being 25%share holder felt entitled but was denied and told to get a subpoena. To which he responded I will need to see all the books regarding Company C which I own specifically from the date of accident to present and was again denied access to even his own company records. Knowing he was entitled, he inquired about the position he held prior to the accident and how he was assured a spot when things improved financially and thus time he was told the area and the business could not support 3 families and his previous position was no longer available. At this point, the discussion was heated on both sides and he demanded to know why he was not allowed back and why upon an attempt to re-apply after holding those positions for over 12 years he was told......."because the day after you returned home from surgery, you were acting crazy" He couldn't believe what he just heard them say. "You are telling me that you based my entire career on one incident that was directly related to injuries sustained in a car wreck on the way to work for you in which included head injuries violent enough that it took an oral surgeon to repair and arm and shoulder injuries requiring 3 different surgeries". After all of that, he was refused employment based solely on how he acted one day which was medication related and didn't even apply to work. He then demanded the books to his company which he received about only a percentage of them but enough for him to find that the owner of Company A had added Company C to their personal account and now listed as The Owner of Company A dba Company C and left a trail of where deposit's from Company C sales and accounts were being deposited and then distributed out to Company A and directly to the executive officers of Company A. Upon preparing to confront the owner and inquire about how his 25% stock had been taken and demand the remaining records from his company he was served a barring notice to the property where all three businesses were operated including the offices of Company C and also a barring notice from the parking structure where his cars and a large amount of personal property was located. This is an ongoing case but he is unsure of where to start with everything that has transpired. He just learned of this within the last 7 days even though it has all been transpiring over time. He has basically had his livelihood taken from him and needs some type of financial gains from their wrongdoing but also feels that criminal charges are also in order for this but he's unsure what laws have been broken or what agency should be contacted for assistance. What legal ground does he have and what laws have been broken. He is unsure at this time how his stock was taken or if fact it was but he is no longer listed at all within the documents filed with the GA SOS office. Your assistance is appreciated.
This is a somewhat complex scenario and wasn't sure where to post so I apologize if it's in wrong area. It involves 3 companies that employee was a part of and profited from all three.
COMPANY A - S-Corporation, Employee was 25% share holder, vice-president, and CFO mostly a service provider with limited merchandise. $750k-$1m in sales yearly.
COMPANY B - Employee was Manager - subsidiary of Company A and mostly a provider of labor that did. arise from sales from Company A. $500k +/- yearly.
COMPANY C - Not an employee, owner and registered name of company John Doe dba Company C. This company provided retail items for sale and provided the labor required for installation. Was a complete separate entity from A and B Company but contracted sales and installation with Company A as exclusive provider of the products Company C offered.
Employee of Company A was on his way to work one morning and involved in motor vehicle accident requiring being air lifted to trauma center and underwent multiple surgeries to repair badly damaged left arm and shoulder requiring months of healing. While recovering he entrusted the management obligations of Company C to the owner of Company A based on past experiences all being good and trusting his business was in good hands. Knowing his position at Company B would not be able to be held open he assisted them in finding his replacement. Feeling relatively sure that he could return in a timely fashion to his executive role in Company A. Long before max medical improvement time was up, he announced his return only to find his office had bee cleared of all his personal contents. He approached the owner also President/CEO and inquired about his personal items and office and was told that they had a financial downturn and funding would not accommodate his return at that time but assured him when things picked back up, they could afford for him to return to his position. While waiting, he was offered a temporary position to train a new location manager and approached the owner of Company A once again. He was again told the same thing so he inquired about taking the temporary job and then returning to his position and inquired again about having them continue managing Company C because it was established there and out of the 3 companies appeared to be doing the best at that time from what he had seen regarding the financial statements. He was assured the business was in good hands and knowing Company A had a problem with the owner''s daughter stealing from Company A, he expressed his concerns and made them assure him that nobody else would have Access to his Company or Profits. He allowed for a fair margin to go to the interim manager but that was it. While working the new training job, he was alerted of changes that had been made within the Secretary of State office regarding the Corporation and looking into it, realized that the changes involved a forged signature by the daughter removing him from executive status, in fact removing him completely from the business and installing her husband to both Vice-President and CFO seats that her forgery and votes had made available. Upon his return, he approached the owner once more and insisted to see the amended articles of incorporation being 25%share holder felt entitled but was denied and told to get a subpoena. To which he responded I will need to see all the books regarding Company C which I own specifically from the date of accident to present and was again denied access to even his own company records. Knowing he was entitled, he inquired about the position he held prior to the accident and how he was assured a spot when things improved financially and thus time he was told the area and the business could not support 3 families and his previous position was no longer available. At this point, the discussion was heated on both sides and he demanded to know why he was not allowed back and why upon an attempt to re-apply after holding those positions for over 12 years he was told......."because the day after you returned home from surgery, you were acting crazy" He couldn't believe what he just heard them say. "You are telling me that you based my entire career on one incident that was directly related to injuries sustained in a car wreck on the way to work for you in which included head injuries violent enough that it took an oral surgeon to repair and arm and shoulder injuries requiring 3 different surgeries". After all of that, he was refused employment based solely on how he acted one day which was medication related and didn't even apply to work. He then demanded the books to his company which he received about only a percentage of them but enough for him to find that the owner of Company A had added Company C to their personal account and now listed as The Owner of Company A dba Company C and left a trail of where deposit's from Company C sales and accounts were being deposited and then distributed out to Company A and directly to the executive officers of Company A. Upon preparing to confront the owner and inquire about how his 25% stock had been taken and demand the remaining records from his company he was served a barring notice to the property where all three businesses were operated including the offices of Company C and also a barring notice from the parking structure where his cars and a large amount of personal property was located. This is an ongoing case but he is unsure of where to start with everything that has transpired. He just learned of this within the last 7 days even though it has all been transpiring over time. He has basically had his livelihood taken from him and needs some type of financial gains from their wrongdoing but also feels that criminal charges are also in order for this but he's unsure what laws have been broken or what agency should be contacted for assistance. What legal ground does he have and what laws have been broken. He is unsure at this time how his stock was taken or if fact it was but he is no longer listed at all within the documents filed with the GA SOS office. Your assistance is appreciated.
Business Issues: Theft by Interim Manager of Company and Distributed Through Another
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