Legal Question in Business Law in Colorado

Being forced out of partnership

I am 1/3 owner of LLC business in Co. Over the last few months I have had several hardships with my business partners, over issues with what I feel are personal matters. ex. They dont like my fiance, they dont like my decision to have a child, they dont agree with my religion. I however have just tried to maintain a business to business partner relationship with them. As tensions have deepened, I have now been asked to quit or they will just dissolve the company and start up again without me. Can I ask for all moneys I have invested into this company back. Also this is a small pet grooming salon. What about the clientel that I helped establish that if they start over will provide them with future income. And is it discrimination against me to not schedule me any appointments but instead take those clients for themselves when I am more than capable of Grooming.


Asked on 2/12/09, 5:07 am

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: Being forced out of partnership

Sorry about the problems. The first document to consult is the written operating agreement. That should have the dispute resolution and buyout procedures. If you don't have an operating agreement, that was a mistake. What was the agreement between the members?

You need to come to an amicable agreement with advice of counsel. They do not have any obligation to return the capital invested unless that is a term of the operating agreement. They, however, cannot just tell you to leave and not get any of your membership rights.

As to what to do, you all need to be careful as there are fiduciary duties at issue here and actions taken may open up liability issues. In short, this is complicated and you need to contact legal counsel to resolve this matter or it will likely be heading to a lawsuit.

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Answered on 2/12/09, 9:32 am


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