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 John Your Own Question
John
John, Attorney
Category: Business Law
Satisfied Customers: 4523
Experience:  Licensed and practicing attorney helping businesses achieve their legal and practical goals.
71296933
Type Your Business Law Question Here...
John is online now
A new question is answered every 9 seconds

I have a 50/50 business partnership. We are both also W2

Customer Question

I have a 50/50 business partnership. We are both also W2 employees. Can my business partner fire me?
Submitted: 11 months ago.
Category: Business Law
Expert:  John replied 11 months ago.

No neither of you have a controlling interest in the company to be able to oust the other. I'm also going to guess that there are no bylaws or operating agreement that would control an instance like this where there is a dispute - that's generally where business partners would have language clarifying what happens in event of of dissolution of a partnership or to get out of the business. The fact that you are asking the question leads me to believe you do not have such a structure. The only way he could force you out is by having a court dissolve the entity through a lawsuit.

Customer: replied 11 months ago.
Correct, we do not have an operating agreement. To clarify, he is not attempting to oust me of the business entirely. He presented a letter "Notice of Termination" re: my W2 status. It is my understanding that as a 50/50 partnership, he does not have this right.
Expert:  John replied 11 months ago.

Correct, he does not have that right...nether of your rights are defined anywhere. Why don't you fire him too? Or you can can just hire yourself back? Seriously, that's how undefined your business relationship is. Neither of you has a controlling interest so you can always reverse each other.

Expert:  John replied 11 months ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as itis the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

Expert:  John replied 10 months ago.

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive-rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. Otherwise, the website does not credit me with answering your question. Thanks.

Related Business Law Questions