Help with a very small business

[LandScaper70]

Massachusetts

Hi, I could use some free legal advice if possible. This may be a long story, but I will try to keep it as brief as possible.

Approximately 3 years ago I started a small landscaping business with a friend. For the first two seasons, we were the only employees and did all the work part-time at night and on the weekends.

My partner never thought we should be paying ourselves, (he chose to leave his earning in the business bank account), while I from the beginning have been paying myself 10/hour, equaling to about 100/week. When we were not earning enough money to pay myself and cover our expenses, I worked for free.

This season, (year 3), my partner decided to hire his brother to work for us. We have about 18 - 20 lawns, (cutting 10 lawns once a week and 10 lawns every other week), plus mulching, hedge trimming, and spring and fall clean-ups. We had a lot of work and needed the extra help, so I was fine with this.

My partners brother started working 20 - 30 hours per week and after about a month we started to run into problems paying him and ourselves, we just weren't making enough money. My partner decided that he did not like the fact that I was paying myself, (he actually never did agree with me on that), so he decided to fire me back in June.

I had two choices, I could agree with his decision or I could make him fire his brother instead. I decided to agree with my partner and leave the business.

Since June, my partner has avoided my phones calls to discuss the business and also sent flyers to all of our customers informing them that I no longer worked for our company.

I have decided to walk alway, but don't want to get screwed out of what should be mine. I think a fair way to buy me out would be to reimburse me for my initial investment, ($3500), plus the profit I would have made this season for lawns. That would equal out to about $7000, totally $10,500.

In my buy-out price I am not including hedge trimming, mulching, waste removal, clean-ups, etc. because my partner purchased a trailer hitch for his truck to use in the business and has been using his personal truck the whole time. I have also argued with him from the beginning about that, I thought we should use some of our profit to buy a truck, but he wanted to buy a truck for himself and use it for personal/business reasons.

Do I have a case if we go to court? My partner argues that since I've been paying myself and he hasn't, he doesn't owe me anything and I should just walk away.

Thanks!

 

[divgradcurl]

Massachusetts

Hi, I could use some free legal advice if possible. This may be a long story, but I will try to keep it as brief as possible.

Approximately 3 years ago I started a small landscaping business with a friend. For the first two seasons, we were the only employees and did all the work part-time at night and on the weekends.

My partner never thought we should be paying ourselves, (he chose to leave his earning in the business bank account), while I from the beginning have been paying myself 10/hour, equaling to about 100/week. When we were not earning enough money to pay myself and cover our expenses, I worked for free.

This season, (year 3), my partner decided to hire his brother to work for us. We have about 18 - 20 lawns, (cutting 10 lawns once a week and 10 lawns every other week), plus mulching, hedge trimming, and spring and fall clean-ups. We had a lot of work and needed the extra help, so I was fine with this.

My partners brother started working 20 - 30 hours per week and after about a month we started to run into problems paying him and ourselves, we just weren't making enough money. My partner decided that he did not like the fact that I was paying myself, (he actually never did agree with me on that), so he decided to fire me back in June.

I had two choices, I could agree with his decision or I could make him fire his brother instead. I decided to agree with my partner and leave the business.

Since June, my partner has avoided my phones calls to discuss the business and also sent flyers to all of our customers informing them that I no longer worked for our company.

I have decided to walk alway, but don't want to get screwed out of what should be mine. I think a fair way to buy me out would be to reimburse me for my initial investment, ($3500), plus the profit I would have made this season for lawns. That would equal out to about $7000, totally $10,500.

In my buy-out price I am not including hedge trimming, mulching, waste removal, clean-ups, etc. because my partner purchased a trailer hitch for his truck to use in the business and has been using his personal truck the whole time. I have also argued with him from the beginning about that, I thought we should use some of our profit to buy a truck, but he wanted to buy a truck for himself and use it for personal/business reasons.

Do I have a case if we go to court? My partner argues that since I've been paying myself and he hasn't, he doesn't owe me anything and I should just walk away.

Thanks!

Without any written agreements, its just going to come down to who the judge believes, and what sort of outcome here is "fair." Small claims is cheap, go ahead and sue you former partner, but who knows what will happen -- it will depend on what, if anything, can actually be proven or authenticated, and who the judge believes, and what the judge believes is a "fair" outcome.