Posted by Nate(DC) on December 17, 2001 at 15:58:53:
And while you’re on the phone with the lawyer, ask how much trouble you could get in for a wrongful termination lawsuit if you fire him…
NT
Presumed innocent??? - Posted by Bob J
Posted by Bob J on December 17, 2001 at 10:23:09:
I have a small mobile home park that I have owned for 3 years. 2 years ago I made a deal with one of the tenants to run the park, collect rents, cut the grass, do minor repairs, and keep an eye on the place in exchange for deeply discounted rent for him and his family. Things have gone very well and he has made this any easy property for me, especially since I live two hours away. He has never done anything that would make me question his integrity.
However, that may have changed. He was arrested a week ago for the rape of his 12 year old daughter from a previous marriage. He insists that he did not do it and said that he has had constant problems with this daughter and his ex-wife ever since he divorced her. Obviously, if the charge is true, I hope he is locked away forever.
My biggest concern from a business standpoint is, what if they do not convict him? I understand that this crime is hard to get a conviction and the charges are often dropped. This is a small town that the park is in, so his reputation has been severely damaged whether he is guilty or not. Should I cut all ties with this guy now and tell his family they must move in 30 days or should I wait to see how this comes out in court? I feel that it may be best to go ahead and find someone else to fill his shoes. It could take a very long time to get this cleared up, and his reputation may never be cleared even if he is not guilty. The last thing I want to do is to bail out on this person if he is not guilty, but it may take a very long time to get this cleared up and need to get this behind me.
Any thoughts, suggestions or experiences?
Here’s a paragraph - Posted by Glen (SoCal)
Posted by Glen (SoCal) on December 17, 2001 at 23:00:05:
Bob J-
Ronald Starr sounds like he has a couple of good points about the % of bogus claims. And also how you should consider getting legal counsel about what your duties are as an employer of the park mgr.
Having said that, I found this post on a Google search, and I think it may be swayed to the perspective of a defendant seeking counsel:
It is very easy to be falsely accused of child abuse or child molestation, but it is exceptionally difficult to be exonerated in court. Even though 60% of molest or abuses charges are false, more of these trials end in the wrongful conviction of the innocent than any other type of criminal case. Widespread media attention has caused a state of hysteria in which people who are accused are presumed guilty. This highly emotional charge tends to destroy the ability of the system to handle such cases objectively.
Good luck.
Re: Presumed innocent??? - Posted by Ronald * Starr(in No CA)
Posted by Ronald * Starr(in No CA) on December 17, 2001 at 22:34:41:
Bob J--------------
Maybe I just enjoy spending your money, but I would recommend that you get legal advice from an attorney on this one, as Ronald B. suggests. There may be a lot of legal ramifications that we don’t know about. For instance, if there were accusations of impropriaty in a few months by some neighbor, could you be held responsible for not firing him? Or for not sending a letter around to warn the neighbors? Not being an attorney, I can’t help with answers to questions like this. Hopefully, you can find a wise attorney to offer you some advice.
You don’t mention it, but I suppose you know that an awfully lot of improper sexual acts charges in divorce situations are phony. Usually they occur before the divorce is final. You might find some statistics on this aspect of the situation, to help you put it in perspective.
Good InvestingRon Starr******
How about Presumed guilty!!! - Posted by Tim (CT)
Posted by Tim (CT) on December 17, 2001 at 11:52:52:
I don’t think you’re being very fair to this guy. I agree in that if he is found guilty he should be locked away forever. But, why don’t you give him the benefit of the doubt until the courts can decide guilt or innocence? It sounds like you’re presuming him guilty before his trial. Based on your post, he has helped you out tremendously with your property. I think you owe it to him to not convinct him until all facts have been put on the table. Then decide.
Re: Presumed innocent??? - Posted by Ronald B.
Posted by Ronald B. on December 17, 2001 at 11:14:07:
Call a lawyer to find out what your liability would be if there were any future accusations.