Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I am a 50/50 partner in an LLC. We have one employee who happens…

Customer Question
I am a 50/50 partner...
I am a 50/50 partner in an LLC. We have one employee who happens to be the spouse of the other partner. We are all salaried at the same rate. Our labor is subcontracted out but on occasion the employee is required to preform this labor. The other partner (and spouse of the employee) is the check writer an obviously receives financial gain by participating in the practice of paying the employee the additional subcontractor monies in addition to the regular salary. I have addressed this issue and have asked that it not occur, however it continues. We have no provision for this practice in our bylaws.
What action do I need to take to next? Is this a form of theft since financial gain is indirectly taking place?
Submitted: 8 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 4 minutes by:
6/23/2010
Lawyer: INFOLAWYER, Attorney replied 8 years ago
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,573
Experience: Licensed attorney helping individuals and businesses
Verified
Hello and thank you for your question. what aspect are your questioning?
Ask Your Own Legal Question
Customer reply replied 8 years ago

 

If the partners are not in agreement shouldn't the payments stop? Is this not a violation of sort of fiduciary responsibilities if you are the check writer? Keep in mind there is also financial gain involved in writing the checks.

Lawyer: INFOLAWYER, Attorney replied 8 years ago
Yes, and consideration should be given to dissolving the entity or buying one of the partners out.
Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask INFOLAWYER Your Own Question
INFOLAWYER
INFOLAWYER
INFOLAWYER, Attorney
Category: Legal
Satisfied Customers: 63,573
63,573 Satisfied Customers
Experience: Licensed attorney helping individuals and businesses

INFOLAWYER is online now

A new question is answered every 9 seconds

How JustAnswer works:

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

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

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.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, 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!!

ElaineAtlanta, 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.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

63,573 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Have 2 couples, 4 people own an LLC in Missouri, estalished
Have 2 couples, 4 people own an LLC in Missouri, estalished early in 2012. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
13,941 satisfied customers
I wondered if you can help me with a salary question for my
I wondered if you can help me with a salary question for my LLC. I am a 2 partner LLC with 50% ownership. We're an insurance agency and in my capacity I not only handle all of the corporate duties, Pa… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
13,941 satisfied customers
I have years of business experience in importing and online
I have years of business experience in importing and online sales. I shared my knowledge and experience with friends and we recently opened up several additional businesses. We were at trial stage , b… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I am a member/manager of a Texas LLC. It was originally 3
I am a member/manager of a Texas LLC. It was originally 3 member/managers. One became rogue and participated in behavior that was damaging to the LLC. Our other member/manager is also a lawyer. He sue… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
My business partner is going through a divorce. We own a Corporation.
My business partner is going through a divorce. We own a Corporation. We are 50/50 on the business, we own equal amount of shares. His wife also works for the business as a employee. I'm hearing rumor… read more
socrateaser
socrateaser
1,031 satisfied customers
hello could you tell me if a person has joint ownership of
hello could you tell me if a person has joint ownership of an llc company set up in missouri usa and the wife wishes to divorce the owner does she have rights to half the llc… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
Your answer to "can an independent contractor be long to a
Your answer to "can an independent contractor be long to a teamster union and be covered by a collective bargaining agreement?" isn't accurate. There have been exceptions to independent contractors or… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I have a partner in our LLC. We have no money to continue our
I have a partner in our LLC. We have no money to continue our business. We have 2 credit cards that we owe money on totaling $15,000, but cannot pay for it any longer. I am just surviving personally a… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
Is it a conflict of interest for a former PA. elected
Is it a conflict of interest for a former PA. elected official, now the unpaid President of a not for profit corporation, to lobby the legislative body he once served on, for public funds from it, wit… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,454 satisfied customers
I need to stop my partner from making any more decisions without
I need to stop my partner from making any more decisions without my consent. He has misappropriated assets in excess of $50,000 and I have formally requested noone do anything without both our consent… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I am trying to realize part of the profits from my self directed
I am trying to realize part of the profits from my self directed IRA as income. I have read that you cannot personally gain from your own IRA investments as well as your immediate family but I read th… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
My corporation has a subcontracting agreement to provide business
My corporation has a subcontracting agreement to provide business analysis consulting services to a State government agency. The prime contractor (an LLC) who I am subcontracting with made me sign a c… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I currently manage an Avis Renta A Car location in Colorado.
I currently manage an Avis Renta A Car location in Colorado. It is a franchise. Upon taking the position I came to a verbal agreement with the owner that I would be compensated atleast 40% of the prof… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I co-founded a marketing agency 3 years ago under a 50/50 split
I co-founded a marketing agency 3 years ago under a 50/50 split California based LLC. Two days ago my business partner informed me that he wanted to start his own agency (a direct competitor) and with… read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
Need advice concerning possible contract breach between my
Need advice concerning possible contract breach between my company (A subcontractor) and a prime contractor on a US Government contract. Concerned about my potential exposure. Thanks.… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
iam involved in an LLC company 50%.I have operations authority
iam involved in an LLC company 50%.I have operations authority in this business.My partner has one extra vote. He has changed exspense lines on our PNL higher than agreed upon without consulting me fi… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
Can a City municipality CONTRACT their openings and closing of a grave space a qualif
Can a City municipality CONTRACT their openings and closing of a grave space to a qualified proposer if the cemetery supervisor is an immediate relative of the proposer? The supervisor is not involved… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
please tell me what the hiring policies are in regards XXXXX XXXXX
please tell me what the hiring policies are in regards XXXXX XXXXX in regard to state employees and employees within the california depatment of education. what are the relevant statutes covering this… read more
ADillon
ADillon
286 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x