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 socrateaser Your Own Question
socrateaser, Attorney
Category: Business Law
Satisfied Customers: 37809
Experience:  Retired (mostly)
Type Your Business Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

The $6000/month was not taken from his wages but instead considered

This answer was rated:

The $6000/month was not taken from his wages but instead considered as business expense which we both shared. Would that be make a difference?
If all of his compensation was in the form of wages paid by you, then the business expenses were yours, not his, and only you had the tax deduction. Under that scenario, the physician was not your partner -- he was your employee. In which case, my answer stands as previously written.

If there was some other arrangement, e.g., you pay $X wages, plus additional compensation as a split of profits, then he could argue that you were engaged in a partnership. But, if you were so engaged, and he received his share of the profits after deducting the partnership's expenses, or your agreed upon management fees, then he still has no cause of action, because you didn't breach the contract. You paid him exactly what he was entitled to, based upon your implied agreement, which apparently was acceptable to both of you for the two years during which it existed.

Based upon how you have described your circumstances, I don't see how this physician can make a claim against you at this point in time.

Hope this helps.

NOTICE: My goal here is to educate others about the law. I am always available to answer your follow-up questions after you click Accept – however, if you do not click Accept, the website gets paid, and I receive nothing. This is true, even if you are on a subscription plan. So please click Accept, so that I will be able to continue to provide this service for others in the future.

And, if you need to contact me again, please put my user id on the title line of your question (“To Socrateaser”), and the system will send me an alert. Thanks!

socrateaser and 5 other Business Law Specialists are ready to help you

Related Business Law Questions