Legal Question in Business Law in Massachusetts
Small Business Partnership
Approximately 3 years ago I started a small landscaping business with a friend. For the first two seasons, we were the only employees and did all the work part-time at night and on the weekends.
My partner never thought we should be paying ourselves, (he chose to leave his earning in the business bank account), while I from the beginning have been paying myself 10/hour, equaling to about 100/week. When we were not earning enough money to pay myself and cover our expenses, I worked for free.
This season, (year 3), my partner decided to hire his brother to work for us. We have about 18 - 20 lawns, (cutting 10 lawns once a week and 10 lawns every other week), plus mulching, hedge trimming, and spring and fall clean-ups. We had a lot of work and needed the extra help, so I was fine with this.
My partners brother started working 20 - 30 hours per week and after about a month we started to run into problems paying him and ourselves, we just weren't making enough money. My partner decided that he did not like the fact that I was paying myself, (he actually never did agree with me on that), so he decided to fire me back in June.
I had two choices, I could agree with his decision or I could make him fire his brother instead. I
2 Answers from Attorneys
Re: Small Business Partnership
You have created a little monster.
You have a business with nothing to support any action by anybody. From a practical point, I do think it was wrong to hire someone and pay them when you have been getting nothing.
What can you do, probably not much. You can take some of the customers and create your own business, and take it from there. In a situation where there is no allegiance and respect for your effort, and little that you can sue for, you should have as much allegiance and respect for your so called partner.
If you have any other questions, call me.
Re: Small Business Partnership
You can't fire a partner. However, you don't have much of a partnership. There is no reason to hire people when you can't pay yourself.
I doubt there is much to sue over. I would suggest you start your own business and take a few accounts and be done with it.
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