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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Business Law
Satisfied Customers: 1611
Experience:  Run my own successful business/contract law practice.
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, I run a business with my brother both equal power

Customer Question

Hi Richard,
JA: Thanks. Can you give me any more details about your issue?
Customer: my name is***** run a business with my brother both equal power Directors & 25% shareholders. I had a fallout with my brothers wife, very unsavoury, in fact I'm being prosecuted for it at magistrates court due to harassment. but in my mind it was purely a personal matter, however my brother has suspended me from work on grounds of gross misconduct. is he right to do this?
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Submitted: 10 months ago.
Category: Business Law
Expert:  Asad Rahman replied 10 months ago.

In this case he does not have authority to suspend you. You Are equal partners here.

Customer: replied 10 months ago.
thank you its what I thought! but I also thought it wise to lay low, then best to discuss it I would imagine & reach an agreement. There are 2 other shareholders one of whom is a director, the other who is Chairman but neither have a day to day operational input. But could the board suspend or dismiss me? I believe it might be hard for them since this is a personal matter not involving an employee or any work related issue. but I did send some abusive content from my work email address unfortunately. I think if 2 brothers who I employed had an issue like this arise clearly personal & being dealt with through the court I would leave it there, I'm not sure even what grounds I would bring a case against one of them? I would just make sure they didn't have to work in close proximity for a while maybe
Expert:  Asad Rahman replied 10 months ago.

If there is any sort of operating agreement or company bylaws that is the first place to see who has what authority. The use of the company email does gove rise to some concerns and might be enough to suspend him from any role he has but he would retain his ownership interest. The Board could collectively vote and address the situation. However without knowing all the details of the situation they should act when the picture is clearer.

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