unpaid leave of absence

[oneson1118]

What is the name of your state? CA
I am a partner of a construction company with 5 employees, one of whom is my brother. About 4 mos. ago my father died and left my brother as trustee. I have since found my brother out in several lies about the trust, and his work ethic has deteriorated severely. I confronted him about it and was told what appeared to be more lies, and I told him I thought it best if we do not work together until this got sorted out. I placed him on unpaid leave of absence and am now being threatenend with a lawsuit. How bad have I screwed this up and what are my options now if coming to an amiable cocnclusion is not possible? whatever help you can give me will be greatly appreciated Thank you.....

 

[pattytx]

You are a partner, and brother is just an employee, right? If he's doing something unethical that is threatening the business, you have every right to put him on an unpaid leave of absence while you investigate. Let him threaten a lawsuit. I don't know what he'd sue for though. I don't think you screwed up at all.

My sympathies on the death of your father. Sometimes these things bring out the best in people, and sometimes the worst. Good luck, hope it works out for the best, either way.

 

[oneson1118]

unpaid

Dear pattytx,
Thank you for your reply. I am meeting with a lawyer today to see what I should and shouldn't do, as well as what I should and shouldn't have done. thank you for your sympathy. If there is one thing I know, it is that everything ends up how it ends up....LOL

 

[Beth3]

I agree with Patty. Putting your brother on unpaid leave was completely legal. In fact, you could have terminated his employment had you wished to and you still can. You didn't screw up anything.

My condolences also on the loss of your father. All I can advise you is that you deal with the estate matters and your brother's employment as separate issues. If his performance and work ethic deteriorated, that is an independent issue from what's going on with your father's estate. Separating the two will make it easier for you to make decisions regarding your brother's continued employment and the estate. Good luck.