Legal Question in Business Law in Louisiana

I start up a business with a partner, we had a fall out so I resign and give over the business. Then, back in May my partner beg me to come back and manage the place so I went back with the condition that any profit/loss within six months is mine to keep or pay. I wanted an agreement signed, but my partner refuse to sign a contract saying she's good with her promise, anyway, there's a lot others who can be a witness to the oral agreement between us, so is oral agreement with witness legal? The agreement was that I would manage the place and be paid a certain amount a week. Just recently I was fired for doing my job and haven't been paid my last check yet. How can I get the money? My name is on the LLC at the state and on the occupational business license, does that mean I own the business name and contents in the place?


Asked on 9/02/10, 8:30 am

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

Oral agreements are binding with evidence, written or testimonial. For a contract to be valid, there must be a meeting of the minds, an offer and an acceptance. Further the party seeking enforcement must have materially relied on the contract. It appears that you may have a binding partnership agreement though an attorney would need to review all. When leaving employment, the employer must pay you within three days. Your name being on the paperwork means at least you are a member of the LLC- the structure defined in charter would determine your share of ownership, if any. Together, everything appears to indicate you are a partner.

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Answered on 9/07/10, 12:55 pm


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