How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask FiveStarLaw Your Own Question

FiveStarLaw
FiveStarLaw, Attorney
Category: Business Law
Satisfied Customers: 36471
Experience:  25 years of experience helping people like you.
Type Your Business Law Question Here...
FiveStarLaw is online now
A new question is answered every 9 seconds

I am a 49% partner in a restaurant business. I have been full

Resolved Question:

I am a 49% partner in a restaurant business. I have been full time manager and chef for about 25 years. I got married a few years ago, my wife works at the restaurant, and my partner does not like my wife and recently fired her. What rights do I have?
Submitted: 3 years ago.
Category: Business Law
Expert:  FiveStarLaw replied 3 years ago.
Hello,

Thank you for your question. I am happy to assist you.

I am a lawyer with 25 years experience. While I am permitted to provide you with legal information, I am prohibited by JustAnswer.com and various state bar associations from giving legal advice, representing you or entering into an attorney-client relationship through this open and nonconfidential forum.

Do you have a written partnership agreement? If so, what does it state concerning management and employees?
Customer: replied 3 years ago.
Yes, I have a written partnership agreement. All it says about management and employees is that "salaries and bonuses will be determined by unanimous vote." I have never questioned my partner in the past and although I run the day to day business (he is a dentist), he has called most of the shots as it relates to salaries. I have asked for a raise in my own salary numerous times over the years, but because the agreement says decisions about such things must be unanimous, I have lived with the same salary for nearly 15 years without a raise.
Expert:  FiveStarLaw replied 3 years ago.

Unfortunately absent a written partnership agreement to the contrary, the majority partner would have final say with regard to employees and management.

Your option would be limited to asking the court to partition the partnership. In other words you would ask the court to force the sale of the business


I hope that it helps to know this information

Thank you in advance for remembering to click accept. If you experience difficulty using the accept button, please let me know as JustAnswer pays me for my time only if the "accept" registers.
Customer: replied 3 years ago.
But we DO have a partnership agreement. It is silent on hiring and firing of staff per se but it does say that salaries and bonuses must be decided by majority vote. Dosen't hiring and firing of staff some under salary and bonuses? Or even if I have no rights regarding the firing of my wife, what about my salary? Can he literally freeze my salary ad finitum?
Expert:  FiveStarLaw replied 3 years ago.
Hiring and firing staff would appear to fall under majority vote. However your partner is the majority partner and therefore holds the majority vote. In a situation where your partner has a 51% interest, he will always be the majority vote

If you would like additional details concerning my answer, please click REPLY and I will be happy to respond. Do not click relist as it will delay my response.
Customer: replied 3 years ago.

The agreement does not say majority vote. It says unanimouos vote. Doesn't that make a difference?

Expert:  FiveStarLaw replied 3 years ago.
Yes it makes a very big difference. This means you have an equal say in decision making. If you cannot agree, you will need to ask a court to rule on the issue
FiveStarLaw, Attorney
Category: Business Law
Satisfied Customers: 36471
Experience: 25 years of experience helping people like you.
FiveStarLaw and 4 other Business Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Attorney

    Satisfied Customers:

    1426
    20 years experience in business law - sole proprietor, partnership, and corporations
  • http://ww2.justanswer.com/uploads/DC/DCraneEsq/2012-8-14_14436_DCrane.64x64.jpg MShore Law's Avatar

    MShore Law

    Attorney

    Satisfied Customers:

    1233
    Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    1162
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    1142
    Run my own successful business/contract law practice.
  • http://ww2.justanswer.com/uploads/ohioatty/2009-1-22_185545_me.jpg J.Hazelbaker's Avatar

    J.Hazelbaker

    Attorney

    Satisfied Customers:

    393
    Experienced and trained in the area of business law.
  • http://ww2.justanswer.com/uploads/scottymacesq/2009-6-10_221523_small.jpg RGMacEsq's Avatar

    RGMacEsq

    Attorney

    Satisfied Customers:

    393
    Licensed Texas General Practice Attorney
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    301
    13 years practicing attorney, MBA