Legal Question in Business Law in Washington

employment issue

i helped a friend begin a business in counseling. because i had no money, she hired me as an employee. we created 65 programs for psycho eds which she had originally approved. she knew nothing about powerpoint or how to do a presentation with this tool until i helped her. it was my original understanding that she would share any profits from the sale of the package, but now she is redoing them entirely and saying i did them as an employee for the business. she also continually changes her story from day to day for what is acceptable. in the beginning, she didn't care if we did apa accurate references (mine were still very close) so long as people could access our references. she is systematically on a daily basis discrediting everything i have done, including attempting to take a title from me which i really don't care about anymore. i am looking for other work, but i feel i have some legal ground here and i want to know what it is.


Asked on 12/31/08, 4:24 pm

1 Answer from Attorneys
Susan Beecher Susan L. Beecher, Atty at Law

Re: employment issue

The real question is, are you an employee or are you a partner? If you are an employee, the work belongs to your employer. If you are a partner, the work may belong to the partnership but a share of the partnership belongs to you.

I am guessing the two of you have nothing in writing spelling out your agreement. If she has been paying you for the work you have been doing, it will be hard to argue that you are a partner. If you have been paid for your time, what have you contributed to the new business to justify an ownership share? You would also need to show why you reasonably believed that you were to be part owner in the business.

If you have been paid a token sum, possibly below minimum wage, and have contributed much more to the business than you have been paid for, and if you have some evidence that she expressed the intent that you would be an owner (perhaps an email, or a conversation that took place before a disinterested witness), you might have an argument for legal rights beyond those of an employee. Otherwise, on the facts you present, you have been poorly treated, but you do not have a legal claim.

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Answered on 12/31/08, 5:15 pm


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