Legal Question in Business Law in New Jersey

Removed you in what way? By changing documents in the company books and records? That may not be permitted under the formation documents and in any case, may be challenged in Court, depending on the way it was done and the circumstances. You need to seek the assistance of an attorney immediately.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. You will only be able to rely on advice from an attorney who you have actually retained. Good luck! Rob Gleaner

These kinds of situations are very fact intensive. You need to have it evaluated by a lawyer to understand your best course of action. If there is no written provisions that allow for this removal, then I highly doubt that is lawful.

I suggest that you consult with a lawyer in private and discuss your objectives in more detail. You can start by calling around to several for a free phone consultation, get some insights then pick the best fit to work with.

If you would like to discuss further over a free phone consult, feel free to contact me anytime that is convenient.

Our firm is now referred by the American Bar Association (see under the New York section):

http://www.americanbar.org/groups/delivery_legal_services/resources/programs_to_help_those_with_moderate_income.html

Kind regards,

Frank

www.LanternLegal.com

866-871-8655

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DISCLAIMER: this is not intended to be specific legal advice and should not be relied upon as such. No attorney-client relationship is formed on the basis of this posting.

Generally speaking, one member cannot simply remove the other member. A few questions need to be resolved: who is/are the managing member(s)? What does the operating agreement say about removal of a member (if there is an operating agreement)? What prompted this? How did he "remove" you?

To answer these questions the company's documents would need to be reviewed. I agree with my colleague that ultimately a court can straighten this out, however litigation is EXPENSIVE so my approach is to try and do everything possible to come to terms before litigation is considered.

The review of the documents should not be expensive and at the end of the process you will have clarity about the available courses of action.

Please contact me directly to begin the review.

Roman R. Fichman, Esq.

www.TheLegalists.com │ @TheLegalist

email: Info (@) TheLegalists (dot) com

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. No intention exists to create an attorney-client relationship or any other special relationship or privilege through this post. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.