Legal Question in Business Law in Louisiana

LLC Operating Agreement in Louisiana

I purchased an exisiting Home Health Agency in1999. My future business partner came to work for me 4 years later. He became 45% owner in May 2006. July 2007, it was discovered he had embezzeled about $70,000.00 by intercepting our Private Pay checks received thru the mail and opened another checking account in the company name without my knowledge. The operating agreement identifies me as managing member. He is still my partner, however, as you can imagine, our relationship has suffered. He admitted diverting money and begged for a second chance, etc... I gave him one. Now, I find out he has met with another owner of a home health agency to become partner with her. And once their agreement was signed, he would bring 45 - patients for admission into that agency. (He plans on discharging them from my company to the new one.

One of the conditions of him being partner with me, was that he and his wife, who are both RNs, would open a Hospice with me getting 45% of that. This has never been done. The operating agreement was a generic agreement, with no termination date, no consequences listed for any time of infraction. The advantage was that it listed me as having complete control over the agency. Please Help!


Asked on 4/30/08, 8:41 pm

1 Answer from Attorneys
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: LLC Operating Agreement in Louisiana

Go to the DA and charge him with theft. Also, call the FBI and see if they would get involved since you probably get some federal benefits from patients. Additionally, transferring patients to his facility may be a violation of federal and state law as well.

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Answered on 5/01/08, 8:46 am


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