Legal Question in Business Law in California

Re: payroll deductions.unauthorized

Your question is vague so I am not quite sure of the situation you are presenting. If a business partner is embezzeling funds than both civil and criminal actions can be brought. If he is defrauding employees that a civil action can be brought for fraud. That is the best I can do with the information provided. If you would like a better idea of your legal options please email me a more detailed accounting of the situation. My email is [email protected]. Your email will be kept confidential and will be protected by the attorney/client privilege even though you are not a client. This privilege extends to consultations. You may also contact my office and arrange for a phone consultation with myself or my paralegal, Jessica, My toll free number is 877-546-9918. I hope I can be of some help to you.

Sincerely,

John Hayes, Esq.

Re: payroll deductions.unauthorized

Unless there is something in your partnership agreement to protect you, thebest or maybe theonly option is to disolve the partnership and get an accounting.

Re: payroll deductions.unauthorized

The first question I would ask is whether you have a written partnership agreement with your partner, because if you do, most partnership agreements have very specific terms as to what a partner may and may not do with partnership money.

In your case however, you have said that your partner is attempting to control your "personal account." Clearly, this would not fall under a partnership agreement at all.

I think that if your partner is wrongfully diverting your money you may need to do several things including the following possibilities:

1. Take your money out of the bank it's in and place it in a new bank where your partner does not know where it is and cannot touch it.

2. Consider dissolving the partnership.

3. Consider filing a civil action if money has been wrongfully used or taken from you. If the money that has been taken is out of payroll, the State of California has very specific statutes regulating how payroll is to be handled.

4. Check with the police department to consider filing a criminal complaint if there has been criminal action on the part of your partner.

5. Get an accounting of the partnership books.

6. It may also be helpful to have a frank talk with your partner to see if perhaps there has been a misunderstanding, and also to inform him that you are aware of the situation and are not willing to allow it to continue.

I wish you the best of luck. If I can be of service, please do not hesitate to call me at (818) 888 0533. Susan Adler, Esq.