I am a small business owner (restaurant) LLC 50/50 partnership. My partner has been stealing and has been running the business inappropriately on his shifts. Customers have aeen him steal and have told me. People avoid the place on his nights. My days and nights generate 75% of the gross. He has left for an operation a week ago and did not cover any of his shifts. I asked him to buy me out 6 months ago and he has done nothing. Is there a way to kick him out of force him to sell?
1 Answer from Attorneys
This is a terrible situation but you do have options. The first would be to examine the operating agreement of the LLC and see what rights are afforded to you. If there is no operating agreement then you would need to rely on the default LLC laws. If those are not favorable to you then you could petition a court for a judicial dissolution of the company.
In addition there are a number of other startegies that could be used but the specific facts and circumstances in your case would first need to be examined.
The bottom line is that you need to move fast and decisively. Please contact my office at your earliest convenience for help with this matter.
Roman R. Fichman, Esq.
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