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Wrongful Termination claims against a company in Chapter 11

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    Wrongful Termination claims against a company in Chapter 11

    I was recently terminated as CEO from a company in Chapter 11 after blowing the whistle on the Board of Directors that were embezzling from the company.

    I have a very solid Wrongful Discharge (Retaliation) case against the company that in normal circumstances would yield a settlement/award several factors times my annual salary. However, since the company is in Chapter 11, all of the Employment Attorneys I spoke with do not know the potential outcomes due to this nor do they know the proper venue to produce a positive outcome for my claim against the company.

    The likely approach is to present demands to the company for a settlement and cc the BK attorney on the letter.

    What are the implications to the company and their chapter 11 if the claim goes to civil or even the BK courts? What would the liability to the directors/trustees be that are engaging in the illegal activity?
    Thoughts?

    #2
    Originally posted by webceo View Post
    What are the implications to the company and their chapter 11 if the claim goes to civil or even the BK courts? What would the liability to the directors/trustees be that are engaging in the illegal activity?
    Thoughts?
    Since this would be a "post-petition" action, they would be liable. The thing would be to get the "claim" filed as an administrative claim so that it's paid before the unsecured creditors.

    Other than that, this question is way above what we talk about on this forum.
    Chapter 7 (No Asset/Non-Consumer) Filed (Pro Se) 7/08 (converted from Chapter 13 - 2/10)
    Status: (Auto) Discharged and Closed! 5/10
    Visit My BKForum Blog: justbroke's Blog

    Any advice provided is not legal advice, but simply the musings of a fellow bankrupt.

    Comment

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