Release of Liability

[blackblade02]

I have a question about a LLC I was 50% partner in through marriage. I have since been divorced and the business no longer exists but is being sued by some employees for failure to provide meal breaks. I was a stay at home mom and had no operational control of the business. What type of suit do I need to file to try and release my liability.

 

[LdiJ]

I have a question about a LLC I was 50% partner in through marriage. I have since been divorced and the business no longer exists but is being sued by some employees for failure to provide meal breaks. I was a stay at home mom and had no operational control of the business. What type of suit do I need to file to try and release my liability.

Nothing at all at this point. If the employees actually win a suit and if you are actually held liable for the judgment against the LLC then you would have some action to pursue.

 

[blackblade02]

Thank you so much for the reply LDiJ, however the employees did win just shy of 39k. My ex is appealing the case. We do not speak to one another and I have not been involved in any of the proceedings but I am fairly sure because we were 50/50 due to the marriage he will make me 50% responsible for half. I just wanted to be somewhat educated as to what I can ask for to start my case.

 

[LdiJ]

Thank you so much for the reply LDiJ, however the employees did win just shy of 39k. My ex is appealing the case. We do not speak to one another and I have not been involved in any of the proceedings but I am fairly sure because we were 50/50 due to the marriage he will make me 50% responsible for half. I just wanted to be somewhat educated as to what I can ask for to start my case.

There is no case for you to start. Either the employees who got the judgment would have to come after you for the money and you would defend yourself, or your ex would come after you for 50% of the money and you would defend yourself. It was the LLC that got sued, not you as an individual. There is no preemptive case that you can file.

If you were not actually involved in the business and did not sign any paperwork for the business or do anything else that would "pierce the corporate veil" then probably the employees couldn't go after you as an individual. They might however, be able to go after your ex as an individual. If someone goes after you personally for the money, you would consult with a local attorney.

 

[Zigner]

There is no case for you to start. Either the employees who got the judgment would have to come after you for the money and you would defend yourself, or your ex would come after you for 50% of the money and you would defend yourself. It was the LLC that got sued, not you as an individual. There is no preemptive case that you can file.

If you were not actually involved in the business and did not sign any paperwork for the business or do anything else that would "pierce the corporate veil" then probably the employees couldn't go after you as an individual. They might however, be able to go after your ex as an individual. If someone goes after you personally for the money, you would consult with a local attorney.

It is entirely possible for the individuals to be held personally liable in a wage dispute such as this. The OP would be wise to consult with an attorney now and not just sit back and wait for something to happen.

 

[Litigator22]

Thank you so much for the reply LDiJ, (?) however the employees did win just shy of 39k. My ex is appealing the case. We do not speak to one another and I have not been involved in any of the proceedings but I am fairly sure because we were 50/50 due to the marriage he will make me 50% responsible for half. I just wanted to be somewhat educated as to what I can ask for to start my case.

Would it be of interest for you to know that this "LdiJ person" with whom you have engaged in dialogue and to whom you've inexplicably expressed gratitude could not produce a scintilla of a legal credential if you put a gun to her wannabe head?

Also contrary to what LdiJ has told you there is no chance that the former employees of the LLC could succeed in voiding your personal immunity (your protective veil if you would) and holding you individually responsible for their claims SIMPLY because you may have "signed paperwork for the business" or acted in some capacity in furtherance of the business interests of the LLC. OR as LdiJ, totally ignorant of its meaning phrases it: "piercing the corporate veil".

The truth is that you are confronted with a number of highly complex legal issues that need to be thoroughly reviewed and examined by an attorney. An alarming feature here is in your reporting that the former employees have already succeeded in obtaining a judgment. You tell us that it is against the LLC, yet admit that you've not been involved.

Obviously your ex husband has been involved and has reason to believe that the judgment affects him personally. And if it affects him personally it may or may not in some way affect you personally. So do as zigner advises: GET INVOLVED!

 

[quincy]

I have a question about a LLC I was 50% partner in through marriage. I have since been divorced and the business no longer exists but is being sued by some employees for failure to provide meal breaks. I was a stay at home mom and had no operational control of the business. What type of suit do I need to file to try and release my liability.

Are you located in the US, blackblade? If so, in what state do you reside? If not, in what country do you reside?