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John, Attorney
Category: Business Law
Satisfied Customers: 5566
Experience:  Licensed and practicing attorney helping businesses achieve their legal and practical goals.
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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: 1 year ago.
Category: Business Law
Expert:  John replied 1 year 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 1 year 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 1 year 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 1 year ago.

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