Assuming the facts as true, the shareholder might also have a claim for retaliation against the company, specifically:
1. Pursuant to DE law shareholder requested the books be opened to value his shares;
2. His request was not just unlawfully denied, but company in writing explained, by law shareholder was not entitled to the requested documentation;
3. Then "a few days later" the company fired the shareholder in his capacity as employee.
Could be a great claim for retaliation, though not the federal title 7 type, but the DE state equivalent.[1] Note the citation includes whistle blower claims, which is similar/associated with retaliation claims but they are separate. Basically the DE retaliation claim is triggered by the employer taking action contrary to DE public policy (i.e. Being fired for trying to exercise a right as a shareholder)
1. Pursuant to DE law shareholder requested the books be opened to value his shares;
2. His request was not just unlawfully denied, but company in writing explained, by law shareholder was not entitled to the requested documentation;
3. Then "a few days later" the company fired the shareholder in his capacity as employee.
Could be a great claim for retaliation, though not the federal title 7 type, but the DE state equivalent.[1] Note the citation includes whistle blower claims, which is similar/associated with retaliation claims but they are separate. Basically the DE retaliation claim is triggered by the employer taking action contrary to DE public policy (i.e. Being fired for trying to exercise a right as a shareholder)
[1] http://www.workplacefairness.org/whistleblower-retaliation-c...