My father started a company 10 yrs ago. My whole family works there. My father just passed away suddenly and had nothing in order for if he passed. My uncle rushed in and replaced my dad as Pres. of the company he was voted in by the board not even a week after he died. My mother sister and I are having a hard time returning to work due to the fact we are still grieving and the fact that they are very hush hush around us now. My uncle is now telling us we need to return or our postitions will be filled. My father always worried we would be forced out somehow if something were to happen to him and it seems they are trying. Other things are going on but that is the big picture. Lawsuit?
2007-08-01 01:18:57 · 13 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
If you father was worried about it happening, he should have done something about it. You can't sue someone for threatening to replace you because you won't come back to work. The problem is you've worked for your dad and been coddled. This is how it works in the real world.
2007-08-01 01:24:50 · answer #1 · answered by Anonymous · 2⤊ 0⤋
You need a lawyer for that one. If you and your mother and siblings voted your uncle in and he has a controlling interest now, you may face an uphill battle.
On the other hand your father's will or trust or a pour-over will contained in the trust may give you more say-so than you think you have.
I have a hard time believing your father would not have made a succession provision somewhere along the way.
Sorry for your loss.
2007-08-01 08:26:11 · answer #2 · answered by fredrick z 5 · 1⤊ 0⤋
Is this in the UK? If so, you have a contract of employment and rights thereunder. That contract (and employment law) will govern your rights.
In any case, you are in a difficult situation. You have not said who owns the shares. That can cause issues in disentangling people from the company. If they were all held by your late father and he died intestate you will have to work out who gets what.
I do not think there is a lawsuit here but you certainly need to resolve things. If you cannot do so quickly, easily and without recriminations by talking to your uncle, you really must contact a lawyer to effect and orderly transition.
2007-08-01 08:24:53 · answer #3 · answered by skip 6 · 1⤊ 1⤋
Have you talked to your Uncle about this? Maybe he doesn't know that you are still grieving. I know your father wouldn't want this conflict among people he cared about, you have to consider that. Then again, it might be your Uncle who is being the unreasonable one. I would try to talk to him (in person, not on the phone) with everyone there to explain whats going on at home. If you can't resolve it that way, then get a lawyer.
2007-08-01 08:42:14 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Sorry about your loss. I would talk with a lawyer. If your Mom & Dad were legally married, then rightfully the company is hers. Understanding your loss, you still need to go back to work. It may help to keep busy. Good luck!
2007-08-01 08:31:00 · answer #5 · answered by Tracy E 1 · 0⤊ 0⤋
the important question is, who owns the company? was your dad the 100 percent owner or did your uncle own part? if your dad had no will, you will have to go to probate to get his assets and you definitely should hire a lawyer for that.
2007-08-01 08:52:22 · answer #6 · answered by njyogibear 7 · 1⤊ 0⤋
I'm sorry for your loss. It certainly wouldn't hurt to consult a lawyer. That said, when my dad died I only got 3 days official bereavement time before I was expected to be back at work. Have you got vacation time you could also use?
2007-08-01 08:22:55 · answer #7 · answered by Vaughn 6 · 1⤊ 1⤋
Get an attorney. Now. This is not some sort of friendly armchair debate that I or my capable fellow respondents are qualified to answer in this venue.
2007-08-01 08:24:47 · answer #8 · answered by trentrockport 5 · 2⤊ 0⤋
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2007-08-01 10:32:48 · answer #9 · answered by CITRONGE 2 · 0⤊ 1⤋
Go to an attorney
They will read his will
They will read the articles of organization for the company.
You can't do this on your own.
2007-08-01 08:21:48 · answer #10 · answered by holeeycow 5 · 3⤊ 1⤋