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family business-father left two son the business 50/50. one works all the time, the other never shows. can you legally stop paying the no show brother, although he owns 50% or somehow make him uphold his obligation to the business?

2007-03-26 08:44:36 · 4 answers · asked by yzzxxxyyzz 1 in Politics & Government Law & Ethics

4 answers

depends on the contract...if there is one.

2007-03-26 08:48:42 · answer #1 · answered by baby1 5 · 0 0

Short answer - no. Unless there is a written agreement that the "owners" are required to put in a minimum amount of time.

Silent partners are similar to this - being an owner only means you have a financial stake in the business. They can do or say as little as they feel comfortable with. Their only real involvement in the business is that they have contributed something (usually money) that allows the business to exist. I could give you a million dollars to open up a shop, stock it with inventory and let you run it - and pay you a salary. But, I don't ever have to show up. However, all of the profit from the business is mine, not yours, regardless of how hard you work your fingers to the bone. If you don't like it, buy me out of the business - oh, that's right, that takes cash, which you don't have; which is the reason I put my money up in the first place. It's all about risk - and an owner being there guarantees nothing. In fact there are some businesses I have worked for where I wished the owner would just stay away.

Additionally, if the arrangement I have with the business is that I get all of the profit, and I get a check for $25,000 a month - c'est la vie. I don't have to work to get it; it is my reward for the risk I have put in. Might this run the business into the ground? Possibly - my risk, not yours. Might you lose a job? Possibly - if you don't like the circumstances, leave, or convince me to sign a document specifying a different arrangement.

Hope there are some ideas that help here. Good luck.

2007-03-26 15:58:45 · answer #2 · answered by Michael B 2 · 0 0

It is called firing the no show no call policy. In the State where I live if you fail to show up for your work shift without calling to notify them then after a second occourance the employer can fire you. I would tell you to fill out a notice of termination and file it with the local court and then stop payment of the no show no call brother.

Fair warning the no show sibling is likely to fight the termination of payment but as his employer you (depending on where you are) may have the upper hand.

2007-03-26 15:52:43 · answer #3 · answered by demonicunicorn 4 · 0 0

1. If you're running the show, no one here should have to tell you how you can run things to balance out the inequities.

2. You can force dissolution of the business. You'll have to be prepared to pay some $$ to buy out the silent partner.

2007-03-26 16:55:00 · answer #4 · answered by Anonymous · 0 0

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