What is the name of your state (only U.S. law)?
NH
My soon to be ex-husband and I started a business back in April of 2005. The company has done very well and we decided to take on his friend as a partner in October of 2006. I am 51% owner, my soon to be ex is 24% and our partner is 25%. We had an operating agreement put in place and there is a clause in there that states that if my husband and I were to divorce, we would have the business appraised at fair market value and he would buy me out at a third up front and the rest paid over two years at 8% anum. We split in August of 2009 and in September of 09, they changed the passwords on computer accounts and in November of 09, physically locked me out of the company by changing the locks. My name is on over $200k worth of loans for this company and the company has done extremely well since we started. They have tried blackmailing me on two occasions to turn over my share of the business basically for free. When I would not budge, they filed a bogus lawsuit (for Breach of Fiduciary Duties) against me to see if they could scare me that way. It did not work and they dropped it. Everyone (my CPA's, business aquaintances, etc.) I have spoken to tells me I should just go back to work there (I had a restraining order against my husband, therefore had to work from home or when he was not at the business location) and fire both partners. My attorney has never advised me to do that, however and seems to be quite lax about what is going on. I haven't been paid since December of 2009 and they won't turn over the 2010 taxes to me so I cannot complete them and was told by my CPA that they would have had to allocate money to me since I'm still an owner, which I never saw a penny of. My house is up for auction while my husband is out purchasing snowmobiles, motorcycles and going on extravagant vacations. Would this be considered a "wrongful termination?" Do I have any recourse? Our divorce has been going on since I filed in August of 2009 and he's so adamant on not abiding by the operating agreement. Any advice is greatly appreciated!
NH
My soon to be ex-husband and I started a business back in April of 2005. The company has done very well and we decided to take on his friend as a partner in October of 2006. I am 51% owner, my soon to be ex is 24% and our partner is 25%. We had an operating agreement put in place and there is a clause in there that states that if my husband and I were to divorce, we would have the business appraised at fair market value and he would buy me out at a third up front and the rest paid over two years at 8% anum. We split in August of 2009 and in September of 09, they changed the passwords on computer accounts and in November of 09, physically locked me out of the company by changing the locks. My name is on over $200k worth of loans for this company and the company has done extremely well since we started. They have tried blackmailing me on two occasions to turn over my share of the business basically for free. When I would not budge, they filed a bogus lawsuit (for Breach of Fiduciary Duties) against me to see if they could scare me that way. It did not work and they dropped it. Everyone (my CPA's, business aquaintances, etc.) I have spoken to tells me I should just go back to work there (I had a restraining order against my husband, therefore had to work from home or when he was not at the business location) and fire both partners. My attorney has never advised me to do that, however and seems to be quite lax about what is going on. I haven't been paid since December of 2009 and they won't turn over the 2010 taxes to me so I cannot complete them and was told by my CPA that they would have had to allocate money to me since I'm still an owner, which I never saw a penny of. My house is up for auction while my husband is out purchasing snowmobiles, motorcycles and going on extravagant vacations. Would this be considered a "wrongful termination?" Do I have any recourse? Our divorce has been going on since I filed in August of 2009 and he's so adamant on not abiding by the operating agreement. Any advice is greatly appreciated!
