Legal Question in Business Law in California
I own a LLC (sole owner). Recently added a full-time employee and granted him a % of year end profit in his Employment Contract. Do I need to amend the operating agreement or is the Contract enough (he will not have any equity rights.
2 Answers from Attorneys
If the employment contract is simply a right to money, and not a right to ownership in the LLC, then there is no need to modify the LLC's operating agreement.
I suggest you have an employment lawyer review the employment contract with you to make sure you understand all its implications. For instance, you may want to ensure that the employee is "at will," and not dischargeable only for cause, and you will want to make sure you understand how to avoid potential claims that the employee was discharged in order to avoid paying him the year-end share of profits.
In a one-person LLC, the Operating Agreement is essentially a memo to yourself. As a housekeepimg matter, you might want to make sure it remains consistent with your employment agreement. However, it's more important to focus on the completeness, clarity and accuracy of your multiparty arrangements, such as the employment contract itself.
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