Legal Question in Employment Law in California

I am listed as a co-owner on a business with my husband. I typically work part time at the business and am a full-time mom to our two children. Last month we had an argument and he told me he wanted me home in the house full-time. He woke me up and told me I was fired. And told me not to go in to work. That weekend he changed the locks at our business. I later found out he had me removed as co-owner on the official paperwork. I have since filed for divorce. He claims I filed because I am angry he fired me. It's confusing because I am an owner but also an employee who received a regular paycheck. He told our payroll company I was terminated due to misuse of company credit card. We always had an arrangement where we used the company credit card for things like gasoline. He has since terminated my company credit card as well. I plan to file for unemployment. But also I feel like this is "wrongful termination". I have never been provided a company credit card policy. I have not received any formal termination letter or paperwork. And I was an owner. Doesn't he have to treat me with the same rules he does other employees, i.e. providing lawful reason for termination and provide warnings before firing? Do I have a case for wrongful termination?


Asked on 8/04/11, 1:45 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

No. But you have the right to force him to dissolve and divide the business assets as community assets, or to buy you out. You are co-owner, after all. The business should be listed as a community asset on your divorce papers. Talk to your divorce attorney about your rights and what it will take to secure your half of the business.

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Answered on 8/04/11, 2:34 pm
Herb Fox Law Office of Herb Fox

You should raise these issues with your family law attorney.

If you filed for divorce in pro per, you should consult with a family law attorney immediately. If money is an issue, many family law attorneys offer a no charge initial consultation, and they will agree to look to your spouse for the payment of their attorneys fees (if he has more assets than you, the court will order him to pay for your attorney.)

I recommend that you consult with a certified family law specialist to help assure that the attorney is experienced and qualified in family law. You can find a list of certified family law specialists in your county at the California State Bar's website. Try this link: http://members.calbar.ca.gov/search/ls_search.aspx

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Answered on 8/04/11, 9:27 pm


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