Employment

If an employer is found guilty of employee negligence in hiring a theft, what charges can brought against the employer? Would it be criminal with jail time or fine charges?

I own a website hosting company and like all the other website hosting companies I want to host more websites to grow my company bigger. To get more websites/clients to my company faster I want to offer an incentive to my existing and future clients to bring me websites for hosting. I want to know if it is legal for me to offer my existing clients and future clients a monthly residual % of pay for each website they bring to my company for hosting. They will be paid as independent contractors and we will send them a 1099 for taxes. I don't know of anything illegal about this but wanted to check just to make sure.I heard of your website on the Dave Ramsey radio show.Thank you for your time.Doug...

I am working in Canada for a company based out of north carolina. My contract states that we are binded by all north carolina labor laws here in canada. He has a no competition clause that i can't do business or any such advertising for his clients which is Suncor energy. I left his company and i am working for another contractor here at Suncor. I am not working for Suncor though. Also i am an API inspector working in the oil refinery here. He is paying a straight rate with no overtime. I read the north carolina law that he should be paying overtime after 40 a week. I work 77 hours a week and i have been working at this job for a year for this company. Do i have a right for compensation? I thank you for your speedy reply

I partnered with a guy in 11/2008. He made me sign an employee handbook for his other company (which I was not an employee nor had any affiliation, other than that I was working out of the same offices and figured he wanted to feel the info on his other business was safe). A non-compete was in it, which will matter later. We formed LLC 1 we'll call it, about the same time. Online marketing, no operating agreement. Then, we formed DE LLC 2, (internet lending company) 1 month later. 4 months after that, we signed an operating agreement for LLC 2, no non-compete in it. We began operations, I am the managing member and the underwriting and processes are out of my industry experience, but are refined and developed as we go (later he'll call 'trade secrets' not owned by me). Partner and I began raising more funds. Funds would go into a different LLC so by nature would compete with LLC 2. (which I felt means it was evident LLC 2 was going to have competing entities and I had no bind to him that I must include him in them)... Then, my partner's business ethics began to show. He would lie in investor meetings, I felt borderline securities fraud. One of the investors we'd solicited together (again, would have been a different LLC that would've competed with LLC 2), they came to me and said they want to start a company, but only with me, they didn't like my partner. My lawyer told me that so long as I have no non-compete (partner later claims the employment agreement is non-compete), since they solicited me not vice versa, I can do it and it not be in breach of my duty. Also, we were soliciting to create new LLCs to compete with LLC 2, so it was implied it was ok to compete against LLC 2 I'd hoped. We began moving forward behind the scenes, I began dissociating from my partner. I also began talks with other interested investor groups I'd met via LLC 2, to entire partnership with me directly, nothing came of my colluding and conspiracies. Next, dissociation from my partner was completed, and I get email confirmation that we can compete without any obligation or breach to the other, on 11/09. Next I begin operations on the new entity without him. I later resign as manager on LLC2, but remain member. He finds out about the new entity, he finds out I was colluding and conspiring prior to his 11/1 email. All sorts of accusations arise: misappropriation of trade secrets (underwriting & processes), usurping a LLC2 opportunity (they would only partner with me), conspiring to form other competing partnerships (all partnerships would inherently compete against LLC2, why is this not OK only when he's not involved in the other entity). He claims the 11/1 is not valid since I was in breach prior to 11/1 and he did not know. He claims the employment agreement 11/2008 for a company I had nothing to do with is binding and non-compete is valid. On another note, he claims the operating agreement is not valid b/c I only sent him the last page and he signed it and I attached (I have email acknowledging this is not true). He claims I am/was in breach of several fiduciary duties and is therefore now going to issue a TRO against me and my new entity, unless I hand over my membership in LLC2. He is not willing to give legal release in exchange, or anything whatsoever, just wants me to surrender my membership. He can afford to drag this out a long time, I certainly can not. However, I don't want to be bullied out of my membership(today has no value, but will have a lot in 2-3 yrs). How does this play out?

I live in Louisiana. As an employer am i required to release a entire employee file to an employee?