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A physician discusses a breach of an eight-year employment contract after being let go due to the company's financial strain. Despite the injustice and the physician's desire for accountability, the advisor explains that suing a bankrupt LLC with no assets is a waste of time and money, urging the caller to prioritize emotional healing over a futile legal battle.
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I'm in an interesting position. I make a very high salary and I had an eight-year guaranteed
contract. The company started going through financial issues, um, to where I started
having to cover payroll out of my pocket and then credit cards started bouncing and anyways.
And so you didn't have to, you chose to. I chose to because I cared about people that
were my employees. They're not your employees. They were that company's employees. They were
your down. I understand. I just, from a Christian point of view, I just, no, that's not Christian.
There's nothing Christian about that. Whose payroll did you cover? How much did you spend on
this? It wasn't much. I mean, you're talking 17, $18 an hour employees and it was every couple
months. And then she took, then the company started bouncing my paychecks or paying me late.
And, um, are you, my main question is, go ahead. Were you board level? Are you bought in,
in any way to this company? That's where the contract is very interesting. Um, I'm a physician
and I found an eight year contract with a 5% interest or interest in the company going up
over the first four years. So we're out on 40% of the company and my, and the contract was
no, they let me go because I couldn't afford to have me anymore. So now without my, without my
salary, they're breaking even. Um, so my options are to the, it's an LLC. Uh, the person that owns
the company had no idea what they were doing and they were getting, it's like a play project
because her husband is very wealthy, but he is only on the SBA loan. He's not on the LLC
or the corporate document. Well, the LLC doesn't have anything. It's not got any money.
No, it's just breaking even. It's breaking, even covering expenses. Once I,
once I'm no longer there, the reason that she, the letter that she gave me
for letting me go was because of financial strain. It wasn't for any other type of cause.
So when you were hired and there was this eight year and after eight years, it's 40%,
did you have to put money into buy into that? I did not. They searched me out, um, because
the type of position I am, I'm getting paid significantly higher than any other college.
What, uh, what kind of an income do you normally make in your field?
Normally in my field, they're probably making 70 to a hundred. I'm making 225 to 250.
As a physician, somebody makes 70. Are you like a pediatrician?
No, I'd rather not. I don't want to give away anything about that. Anyway,
the answer to your question is a, we're not lawyers. B from a practical standpoint,
if you are completely right, which you probably are, they owe you for eight years. They owe you
for eight years of income. They have violated a contract. That's what you're saying. And you
could probably win the lawsuit and then you would have a judgment against a broke company.
That's not going to pay you a dime. Right? No, I know. So why, why would you bother?
I'll be honest with you, Dave, I went through a bankruptcy like you did several,
let's say 10, 15 years ago. And I've had, I always feel like I'm the underdog and I'm the
type of person that'll work seven days a week for you. I'll do the blood, sweat and tears.
And I'm having a hard time letting people get away with stuff anymore.
Yeah. Well, they're going to get away with it because you can Sue again,
get a lien against an LLC that has no assets. No, but could I ask you, the husband is on the
SBA. It doesn't matter. He didn't sign the contract. The LLC signed the contract.
You're not going to get to the husband. He did that to protect himself. That was intentional.
No, but he signed the SBA. So he wouldn't be on, on the hook for the SBA.
He's on the hook for the SBA, but he's not on the hook for you.
No, but it's still, because they're making enough right now to pay the bills
without allow them to pay the, all the loans. This doesn't feel moral, but it's completely legal.
No, I know what it is. You're not going to get to him. He has what's called a corporate veil.
That's why they did business in an LLC. That's why any of us do business in an LLC. So if we
get sued, the maximum thing you could get is the assets of the LLC. You can't come after. That's
it's his fault because he was drunk, but I still got to deal with the moron
and he can't get to any of my stuff. All he can get to is the LLC that owns that house.
That's actually a moral question. How do you get over a moral question? How do you get over?
I don't want to say he's been victim, but just feel like you're getting burned and not picking
up for yourself. No, I completely, I don't know that you do get over it. It makes you
angry and it hurts you, your feelings. And all you can do is distance yourself and then figure
out, okay, what I'm gonna, I'm gonna burn some energy. Am I going to burn it? Just trying to
prove a point because you're going to spend 10, 20, 30,000 bucks to sue them and win.
And then you're going to get nothing. And it's going to be playing in your head for the next
two to three years because the court system sucks and drags everything out. So it's not justice.
You're not going to get justice. Uh, and so you've got to decide, okay, what am I going to
spend my time and my energy on? I'm gonna spend it on something positive going forward. Something
that's helpful and hopeful. So let's pretend, uh, let's pretend he did sue and he sued him for
a million bucks. Yeah. Uh, and they're doing business out of a commercial building,
maybe that they own it, maybe it's worth a million bucks. So if he sues them,
the judgment wouldn't cause them to have to close down and sell the property and pay him.
Well, he said the LLC has no assets. Uh, it doesn't have a commercial building. Well,
he said they were breaking even, but I kept asking about assets, no assets. They don't have any
money. They just cut their doctor loose and they're a medical operation. They're, they're
going down. They don't have any money and they might have an asset. If they've got an asset,
like a commercial building, then yeah, I'll go after it. You could get it. You can end up with
building. Yeah. Even the, I mean, he did say no assets, but I got, it's gotta be something in
there that they're, they're done. They could have gone and rented office space, set up a medical
operation, say a clinic of some kind. Right. Uh, we don't know. Cause he didn't give us the details.
That's probably something like that. And so, you know, there's a bunch of used medical equipment
in there and a bunch of broke people that aren't getting their salaries paid. Okay. Yeah. And
there's, you know, and a used office desk and you know, I wouldn't screw with it. I'd move on
with my life, but it's very hard to his point because it's unjust. It's not fair and it's not
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