[RPPTL-constructionlaw] [RPPTL] - Would CILB violate the Younger GC below?

[Sakwa, Stuart H.]

Regardless of the facts, it is always improper to threaten someone with
reporting misconduct in order to extract compensation.  It is considered
extortion.  On the other hand, Older GC can just report the conduct.
After he does so, often times, the CILB will require restitution.  Also,
if the Younger GC pays the money due, Older GC can agree to withdraw his
complaint. 
 
 
 
Stuart H Sakwa 
Attorney at Law
ARNSTEIN & LEHR LLP 
www.arnstein.com <http://www.arnstein.com/> 
 
515 North Flagler Drive 
Sixth Floor 
West Palm Beach, Florida 33401-4323
Phone: 561.650.8484
Mobile: 954.261.9598 
Fax: 561.802.3082
Shsakwa at arnstein.com <mailto:Shsakwa at arnstein.com> 

Offices in Illinois, Florida, and Wisconsin 
 

________________________________

From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
mromm at rommlaw.com
Sent: Sunday, May 06, 2012 3:24 PM
To: RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw][RPPTL] - Would CILB violate the
Younger GC below?


Financial Irresponsibility????  Scenario below?


"I introduce "Younger GC" to   "Older GC" and younger GC goes to work
for older GC's company.  Younger GC agrees to work only for older GC's
company and to develop older GC's business. They both agree that Younger
GC shall, under his old company name, complete all existing jobs of
which there are not many.  Later, younger GC asks older GC for a loan to
finish a two jobs because he took money to do the jobs, and spent the
money before the permits were issued. He did not have enough money to
finish the jobs.  It is unknown whether the jobs were ever finished.
During his employment Younger GC promises verbally (and in writing when
he signed his resignation letter)  to pay back the loan.  He made
similar verbal promises after he left his employment. It is now obvious
to older GC that he is not going to be paid back his money.  Can older
GC threaten younger GC with a complaint to the CILB regarding younger
GC's financial irresponsibility in failing to properly manage the funds
on the two jobs and also for refusing to pay back older GC for the loan
in order to inspire younger GC to repay the loan? If such a complaint is
made, will the CILB sanction younger GC? Or,  is this improper for older
GC to make the threat in order to get paid the money back.  

Michael Romm
Michael R. Romm, P.A.
1213 S. 30th Avenue, Suite 2, Hollywood, FL 33020
Phone: (954) 557-8002
Fax:  (954) 208-0022
mromm at rommlaw.com
 




This electronic mail transmission may contain confidential or privileged information.  
If you believe that you have received this message in error, please notify 
the sender by reply transmission and delete the message without copying or disclosing it.

Pursuant to Internal Revenue Service guidance, be advised that any federal tax 
advice contained in this written or electronic communication, including any 
attachments or enclosures, is not intended or written to be used and it cannot 
be used by any person or entity for the purpose of (i) avoiding any tax penalties 
that may be imposed by the Internal Revenue Service or any other U.S. Federal 
taxing authority or agency or (ii) promoting, marketing or recommending 
to another party any transaction or matter addressed herein.

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/constructionlaw/attachments/20120506/2c7ac978/attachment.html>