Legal Question in Business Law in Michigan

fire your

my wife is in a ''partnership''. well,

my wife has the LLC in her name

only and not the other party, it has

been this way since we started the

company over 5 years ago.

My wife owns 51% of the company.

can she (my wife) fire her partner?

We feel that she is not a good fit for

the company at all. we have heard

from some of our customers they will

not come there when she is there.

We also feel she is turining away

business. There have been other

issues as well. In one case, my wife

was bringing supplies, and on her

second trip in, her partner pulled

something from the freezer and

placed it in front of the door, well my

wife tripped on it bringing in the

secons trip of supplies, she didn't see

the box that was placed in the

doorway she had just walked thru

moments ago. as a result, she fell,

hurting her wrists and knees, and

making a mess with the supplies. her

partner did not even tyr to help her

up or clean up, just glanced at her

and went hmm. and kept working in

front of my wife.

so can my wife fire her ''parnter''?


Asked on 5/09/07, 4:29 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: fire your

Her best bet is to mediate herself out of the business relationship. Contact your local dispute resolution center (DRC). The larger ones are in Grand Rapids, Dearborn, Ann Arbor and Lansing. I did a lot of work with all of them, and the rosters have the best mediators in the state on them.

Sit down with the "partner" and explain that the company will cease to function as between the two of them, it's just that simple.

At the very least, this "partner" is insensitive, whether she meant to hurt your wife or not. Regardless of her feelings, you need to get this stuff out in the open, because she undoubtedly sees it differently. You never know: she might desperately want out herself.

Even if the bylaws give her 51% AND the power therefore to make decisions, she can't just do whatever she likes. Chances are, significant amounts of money and customer lists and other IP are involved, so you may also need a lawyer/accountant to give legal and accounting help.

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Answered on 5/13/07, 4:22 pm


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