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Have I done anything wrong?

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briareus

Junior Member
What is the name of your state? Nevada

Have I done anything wrong?
I have worked for a company for about 1 yr - The co is a series of NV LLC’s.

I am the only one from the company in NV - the owner, etc is in NJ. I was essentially second in charge, a vp, with full power of attorney and this is critical I believe – I was and remain for the entire time the only signature on the bank accounts – I opened them and I did all banking and issued payroll via wire transfer to all employees and contractors including myself.

In addition I had all resolutions, the signed empowerment by my boss and was the only signer for any agreements with a bank, etc, on the company (in fact up until 1-2 weeks ago, shares were never issued to anyone so technically no one owned the company at all.

Without exception, interruption, or challenge that amount was undeviatingly paid to me every week on Friday via wire transfer – bank to bank – until about March.

In about February/March the companies suffered setbacks and as a result, gradually all employees from a company-wide high of about 14 - were laid off or quit – all without exception still owed wages and monies.

I remained however at the repeated urging of the owner and despite numerous times where I sought assurance and proposed compromising my salary including a reduction in salary until better times, voluntary layoffs, or whatever (I even submitted sample employee contract from him at this time to memorialize a new relationship – as usual his response was to disregard, forward to our attorney for revision and that was the end of it despite several additional reminders from me to execute or provide something formalizing) yet he made it clear I was expected and invited to remain.

From that time in Feb. continuing on through the present, my pay has been very irregular and only after unbelievable tasks and maneuverings or I raise the funds through sales of products.

Anecdotally, from my unique perspective as the lone signature on the bank accounts I have been able to see the boss receive wired funds to sustain him even as he repeatedly claimed that no funds for regular salary obligations were possible and I was not paid or paid a partial payment of 1 week. (His only access to money is having one of the companies debit cards for useage whereby funds are deposited for his use).

Last week as well as a few other times since March, I have issued myself pay – always indicating what it was for, etc. – I am still owed 3-4 weeks pay – however, now, the owner is saying that I didn’t have permission to spend anything without his ok and he is threatening to go to my local d.a to find out his options!

My questions are as follows:
1. If I am the only signature on the accounts from day one, does he have a right to accuse me (he wasn’t even a shareholder technically and he is definitely not listed as an officer on filings, etc),
2. And, since he is hammering me for the bank records – presumably to try and get me screwed – yet he doesn’t pay me and he’s technically not listed on the accounts, do I have the right to simply close the accounts?
3. Finally, if I haven’t been paid and have historically done all payroll did I do anything wrong if I paid myself partially?What is the name of your state?
 


WhiteCollarCrim

Junior Member
briareus said:
Last week as well as a few other times since March, I have issued myself pay – always indicating what it was for, etc. – I am still owed 3-4 weeks pay – however, now, the owner is saying that I didn’t have permission to spend anything without his ok and he is threatening to go to my local d.a to find out his options!

My questions are as follows:
1. If I am the only signature on the accounts from day one, does he have a right to accuse me (he wasn’t even a shareholder technically and he is definitely not listed as an officer on filings, etc),
2. And, since he is hammering me for the bank records – presumably to try and get me screwed – yet he doesn’t pay me and he’s technically not listed on the accounts, do I have the right to simply close the accounts?
3. Finally, if I haven’t been paid and have historically done all payroll did I do anything wrong if I paid myself partially?What is the name of your state?
I'm not sure but my guesses are:
1. He has a right to accuse you. That doesn't mean he is right to accuse you.
2. No.
3. Probably no unless you paid yourself against the express wishes of the owner. Even if this was wrong, it sounds like a civil rather a criminal matter if you did not try to hide the transactions.
 

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