I reside in Florida. A friend of 15 plus years and I began a business June 1, 2007. A Thrift Shop was given to us both with inventory. I worked 7 days a week from June 1, '07 through Oct. 12, '07, while my partner showed up on rare occassions. The whole time I was there working she probably only worked 2 weeks if that. She contributed more or less nothing to keeping the business open. In Oct. she came in and informed me I was doing drugs and she no longer wanted me in the store. Long story short she yelled (in front of others) and told me to leave! I do not do drugs, but that is not the issue. This person is very controlling & self centered. We all put money into starting the business 900.00 each. Via a phone conversation (yelling on her part) the same day she kicked me out of the store she verbally told me she would refund my $900.00 plus money for the 4 months I worked there. I have requested my money from her, even gave her a deadline or that I would persue other ways to get my money. She has ignored everything. My name is still on this business so I am still liable. She will not allow me at the store or communicate with me in anyway. I need my investment of 900.00 and the pay that is due me for working 7 days a week for 4 months, and I need my name off this business as I am not there I do not want to be liable. How do I go about getting my money and getting my name off the business? Thank you so much. I have never owned a business and don't have a clue as to where to begin. Since I wasnt paid for 4 months I really dont have much money to be retaining an attorney. Thanks again. Mac
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Partner kicked me out!
- Thread starter mac121
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>Charlotte<
Lurker
I can't answer your question, but I can tell you that you're probably going to be asked what your written contract says about one partner taking over the other partner's half and how that was agreed to be handled. You might as well go ahead and post that so it will already be here when someone who can help you shows up.
Thank you so much for replying. I have watched this all afternoon hoping someone would reply. Even though you are unable to help me, it helps just knowing that there are people out there reading and considering answering.
I have to say there is no written contract. We went into this as partners. My name is still listed on sunbiz.org as an owner as well as hers. I have never owned a business so I don't know much about the legalities of things. The last 15 years I worked in Social Services, so I am very lost as to what to do here. I did ALL the work at this store for 4 months, 7 days a week; I opened and closed. I invested 900.00 upfront which both she did verbally say she would see I got both back. It's been over a month and she will not respond to my emails, phone calls or anything other way I have tried to contact her. I know I am liable as long as my name is on the store, and I do want the money I feel is owed me. No one works 4 months without pay. If I knew where to start it would be a great help... without that I am at a total loss.
Thank you again for replying and asking about a contract, but there was no written contract between us. I have known this woman for 15 plus years. Not only has she done this but I feel she is defaming my good name by telling people I am a drug addict! I am 58 years old, I don't need drugs at my age, I'm crazy enough without them!
I also suffered a heart attack on June 21, '07 so I do not think I would risk my life by doing drugs as she has accused me of and that being her reason that I can not be at the store that I am a partner in. Someone, anyone.. advice??
Thanks
I have to say there is no written contract. We went into this as partners. My name is still listed on sunbiz.org as an owner as well as hers. I have never owned a business so I don't know much about the legalities of things. The last 15 years I worked in Social Services, so I am very lost as to what to do here. I did ALL the work at this store for 4 months, 7 days a week; I opened and closed. I invested 900.00 upfront which both she did verbally say she would see I got both back. It's been over a month and she will not respond to my emails, phone calls or anything other way I have tried to contact her. I know I am liable as long as my name is on the store, and I do want the money I feel is owed me. No one works 4 months without pay. If I knew where to start it would be a great help... without that I am at a total loss.
Thank you again for replying and asking about a contract, but there was no written contract between us. I have known this woman for 15 plus years. Not only has she done this but I feel she is defaming my good name by telling people I am a drug addict! I am 58 years old, I don't need drugs at my age, I'm crazy enough without them!
I also suffered a heart attack on June 21, '07 so I do not think I would risk my life by doing drugs as she has accused me of and that being her reason that I can not be at the store that I am a partner in. Someone, anyone.. advice?? Thanks
>Charlotte<
Lurker
Well, I still don't know the answers but I do have more of what I think are pertinent questions.
When you say your name is still "on the store", what do you mean by that? Did you incorporate, or are you each co-signers on a business loan, or do you mean the name of the store is "Smith and Mac21's Thrift Store"? You seem to be worried about liability, so in what way are you liable, exactly? Are each of your names on the license? Sales tax reports? What I'm driving at is, is there any tangible evidence that you were, in fact, a partner, and not just some nice guy doing a friend a favor?
As far as the wages you say you are due, I'm thinking the fact that you're a part owner rather than an employee might make that a little tricky, but that is so far out of the realm of my understanding I don't even want to go there.
In my strictly non-legally educated opinion your only recourse might be taking her to small claims court to recoup the $900, but that's probably also going to depend on several different things. Did you put that much cash in an account, or did you buy $900 worth of stuff to upfit the store, how easy would it be for her to claim the money was a gift from you to her--for starters.
At least do this: Google "Florida Small Claims Rules". The first link is to a pdf document that outlines the procedures for small claims cases in Florida. I was just doing a little research for you and was going to outline some points, but it would be easier if you just read the document yourself. Get familiar with how SCC works in Florida, and you'll be prepared if it comes to that.
Also, gather as much tangible evidence as you can. I don't know what would be admissible or not, but better to have too much than not enough. E-mails, written notes, receipts for shelves or door locks--anything.
If I think of anything else I'll let you know. Good luck.
When you say your name is still "on the store", what do you mean by that? Did you incorporate, or are you each co-signers on a business loan, or do you mean the name of the store is "Smith and Mac21's Thrift Store"? You seem to be worried about liability, so in what way are you liable, exactly? Are each of your names on the license? Sales tax reports? What I'm driving at is, is there any tangible evidence that you were, in fact, a partner, and not just some nice guy doing a friend a favor?
As far as the wages you say you are due, I'm thinking the fact that you're a part owner rather than an employee might make that a little tricky, but that is so far out of the realm of my understanding I don't even want to go there.
In my strictly non-legally educated opinion your only recourse might be taking her to small claims court to recoup the $900, but that's probably also going to depend on several different things. Did you put that much cash in an account, or did you buy $900 worth of stuff to upfit the store, how easy would it be for her to claim the money was a gift from you to her--for starters.
At least do this: Google "Florida Small Claims Rules". The first link is to a pdf document that outlines the procedures for small claims cases in Florida. I was just doing a little research for you and was going to outline some points, but it would be easier if you just read the document yourself. Get familiar with how SCC works in Florida, and you'll be prepared if it comes to that.
Also, gather as much tangible evidence as you can. I don't know what would be admissible or not, but better to have too much than not enough. E-mails, written notes, receipts for shelves or door locks--anything.
If I think of anything else I'll let you know. Good luck.
Thank you again for your reply. I will do my best to make this as breif as possible.
1. My name is on the store on sunbiz.com on the internet under ficticious names and I am listed as an owner as the woman who started this mess. I did sign the papers for it & my signature is there and I am listed as owner. We were in the process of deciding if we would be a partnership or non-profit.
2. I have been told that if a customer in the store slips & falls that I could be sued as I am listed as an owner.
3. We hired NO employees. I was the only one who worked the store open to close 7 days a week. Had I not been there there would have been no store; my partner in the 4 month period may have worked a total of 2 weeks if that!
4. The $900.00 was in check from me. In the memo part of the check I made note that this was money to start up our store, listing the name of the store. Three of us put in $900.00 each even though the 3rd person who did so was not listed as an owner.
5. I have at least 15 people who would be able to testify that I was the ONLY person working the store for the 4 months. This woman who was/is my partner said she would repay me the $900.00 I invested and pay me for the 4 months I worked, but now avoids me and any attempts at contact I try. There was a witness when she stated this.
6. I have given a little thought to SCC, and will read up on it further.
I feel I have been used and abused in this matter. Not only have I lost money, she is ruining my good name in the community. I feel there must be some way I can get what is due me as well as her to stop ruining my name.
Thank you again, you are very kind to help.
1. My name is on the store on sunbiz.com on the internet under ficticious names and I am listed as an owner as the woman who started this mess. I did sign the papers for it & my signature is there and I am listed as owner. We were in the process of deciding if we would be a partnership or non-profit.
2. I have been told that if a customer in the store slips & falls that I could be sued as I am listed as an owner.
3. We hired NO employees. I was the only one who worked the store open to close 7 days a week. Had I not been there there would have been no store; my partner in the 4 month period may have worked a total of 2 weeks if that!
4. The $900.00 was in check from me. In the memo part of the check I made note that this was money to start up our store, listing the name of the store. Three of us put in $900.00 each even though the 3rd person who did so was not listed as an owner.
5. I have at least 15 people who would be able to testify that I was the ONLY person working the store for the 4 months. This woman who was/is my partner said she would repay me the $900.00 I invested and pay me for the 4 months I worked, but now avoids me and any attempts at contact I try. There was a witness when she stated this.
6. I have given a little thought to SCC, and will read up on it further.
I feel I have been used and abused in this matter. Not only have I lost money, she is ruining my good name in the community. I feel there must be some way I can get what is due me as well as her to stop ruining my name.
Thank you again, you are very kind to help.
cbg
I'm a Northern Girl
It's extremely difficult to address contract questions on a message board since we can't read the contract in question and the answers to any questions regarding the terms or enforceability tend to be VERY specific to the EXACT wording.
You are probably best off having a local attorney review all the appropriate documentation. Sorry I can't be of more help.
You are probably best off having a local attorney review all the appropriate documentation. Sorry I can't be of more help.
Ummmmm, again if you will read the entire post there is NO contract. I am a bit confused as to your response since I have stated this 3 times now. I am asking for direction on how to proceed on getting money that I feel is due me, and getting my name off the store as I am no longer allowed to be there, but am still listed as an owner. Thanks again, maybe someone else can help. Anyone?
No contract
Well, to start off, your check is a 'contract" if it was cashed. Also, if your name is on the license and you are listed as the 'owner' of the store, I would immediately write a "Cease & Desist" letter to your partner. As for the rest of it, I am assuming you have a storefront and if so who is the "lessee"?? If it is you, I would call my local Police Department and file a complaint of Trespassing against her, then tell her to leave the store or the Police will arrest her on trespassing charges.
Also as you are listed as the owner under sunbiz.org this shows you are the rightful person as long as your partner is NOT listed also. If you are the sole 'owner', then you need to immediately do what I outlined above and also either get that store closed or take over the store as you ARE liable as the 'business owner' for anything which may occur there.
DO NOT allow this woman to bully you. If the case is as you stated then you need to exert yourself and get her out of there.'
Make sure all monies are accounted for along with ALL inventory. If not you can file theft charges against her.
USE THE LAW!! It was made to protect you against extortionist activities.
Well, to start off, your check is a 'contract" if it was cashed. Also, if your name is on the license and you are listed as the 'owner' of the store, I would immediately write a "Cease & Desist" letter to your partner. As for the rest of it, I am assuming you have a storefront and if so who is the "lessee"?? If it is you, I would call my local Police Department and file a complaint of Trespassing against her, then tell her to leave the store or the Police will arrest her on trespassing charges.
Also as you are listed as the owner under sunbiz.org this shows you are the rightful person as long as your partner is NOT listed also. If you are the sole 'owner', then you need to immediately do what I outlined above and also either get that store closed or take over the store as you ARE liable as the 'business owner' for anything which may occur there.
DO NOT allow this woman to bully you. If the case is as you stated then you need to exert yourself and get her out of there.'
Make sure all monies are accounted for along with ALL inventory. If not you can file theft charges against her.
USE THE LAW!! It was made to protect you against extortionist activities.
Thanks for replying. I am listed as owner on sunbiz.org, but she is too, so a cease and desist and/or a tresspass won't work. I feel I have as much right there as she does, but she is a 'bully' and I know if I were to show up there for any reason it would only turn into a yelling match. Unfortunately since I have not received any pay for the 4 months I ran the store I do not have a lot to spend on attorneys fees. I am running out of money & I feel time to try and resolve this issue. If something were to happen at the store I know I am liable and could be in a worse mess than I am now. Do attorneys ever write letters to people as her asking that monies due to someone be paid or they could be faced with court? I'm wondering if I found an attorney to do just that maybe the charge wouldn't be that much, and it may just be enough to make her pay, or at least make an effort to do so by setting up payments to me or something of that nature. I am at such a loss as to where to turn... Thanks again for your help.
This may not be the right approach, just some suggestions...
Have you contacted the cops? Maybe you can go to the store, let the situation escalate and then call the cops and file a complaint against her
(maybe restraining order). If she gets really out of hand, maybe they will apprehend her or something. She can't keep you out of the store. If she locks you out, call the cops. Do you still have a key? Call a locksmith and have the the locks changed after she leaves for the day.
As co-owner, you're probably entitled to your share of the profits over the period that you worked there. If you're not on salary or hourly rate, it would be difficult to make up an hourly rate now. Do you have copies of financial records? Is the business profitable? What does the third partner say about all this? Without a contract it's difficult. It becomes a "you said, she said".
You will probably get your $900, but not much else if you can't prove profit and any agreements. Even through the legal route, if she doesn't give you any money willingly, prepare for things to take a while.
Have you contacted the cops? Maybe you can go to the store, let the situation escalate and then call the cops and file a complaint against her
(maybe restraining order). If she gets really out of hand, maybe they will apprehend her or something. She can't keep you out of the store. If she locks you out, call the cops. Do you still have a key? Call a locksmith and have the the locks changed after she leaves for the day.
As co-owner, you're probably entitled to your share of the profits over the period that you worked there. If you're not on salary or hourly rate, it would be difficult to make up an hourly rate now. Do you have copies of financial records? Is the business profitable? What does the third partner say about all this? Without a contract it's difficult. It becomes a "you said, she said".
You will probably get your $900, but not much else if you can't prove profit and any agreements. Even through the legal route, if she doesn't give you any money willingly, prepare for things to take a while.
Thanks for your reply and I will do my best to answer your questions. As I have stated previously I have never owned a business so all this is new to me & I am not familiar with all the terminology.
1. I recall when we applied for our license we had to put a value on the store inventory. At that time we estimated it at $75, 000.00.
2. I know the store was making a profit, but I do not have actual figures. We had just retained a CPA who was going to put everything on Quick Books. I would assume by now that has been done. While I was running the store (June through Sept.) I was bringing in daily sales anywhere from 600.00 up 1200.00. Since our rent including CAM fees is 2100.00 a month I would say there was profit. The average would be about 900.00 daily. Power bill monthly (summer is all I have to report) averaged 275.00 Water monthly 80.00.
Cable for Broadband connection & cable TV monthly 100.00.
3. We rented the store which is located in a small strip mall in Apopka, Fl.
4. This store was given to us both complete with inventory. The previous owner we had known for years had to give it up as his wife was battling cancer for the 2nd time and did not have the time to keep it open. We had hoped to make it some type of partnership with our previous employer which was a shelter for homeless that we managed for years. I had worked there almost 15 years, and my partner 18. The store had a large storage area which was <u>FULL</u> from floor to ceiling, wall to wall with inventory. In addition to that there was an empty store next to us that the owner of the mall allowed us to use for storage which was also <u>FULL</u>of inventory. I would hazard to say there was enough inventory between the two to open 2 more stores.
5. I forgot to mention in my initial post the day my partner kicked me out of our store she made a comment about selling it as she did not have the time or the want to run a thrift shop, nor did any of her friends want to help her, so she was going to do everything she could to sell it. She would not be able to do this without my signature would she? Since I am a co-owner as listed on sunbiz.org If she did in fact sell it wouldn't I be entitled to half of what she sold it for less of course any bills that may be due?
I appreciate everyones comments so much I can not begin to say. If it comes down to me having to retain an attorney this may take a while due to finances; but I just really need a starting place and the best way to handle it. While this business isn't worth a lot of money the time and money I put into it are a lot to me.
If I can answer anything else please let me know. I will do my best to answer; and if I don't know perhaps I can find out.
Thank you again, I appreciate everyones efforts with this matter.
Jeannie
1. I recall when we applied for our license we had to put a value on the store inventory. At that time we estimated it at $75, 000.00.
2. I know the store was making a profit, but I do not have actual figures. We had just retained a CPA who was going to put everything on Quick Books. I would assume by now that has been done. While I was running the store (June through Sept.) I was bringing in daily sales anywhere from 600.00 up 1200.00. Since our rent including CAM fees is 2100.00 a month I would say there was profit. The average would be about 900.00 daily. Power bill monthly (summer is all I have to report) averaged 275.00 Water monthly 80.00.
Cable for Broadband connection & cable TV monthly 100.00.
3. We rented the store which is located in a small strip mall in Apopka, Fl.
4. This store was given to us both complete with inventory. The previous owner we had known for years had to give it up as his wife was battling cancer for the 2nd time and did not have the time to keep it open. We had hoped to make it some type of partnership with our previous employer which was a shelter for homeless that we managed for years. I had worked there almost 15 years, and my partner 18. The store had a large storage area which was <u>FULL</u> from floor to ceiling, wall to wall with inventory. In addition to that there was an empty store next to us that the owner of the mall allowed us to use for storage which was also <u>FULL</u>of inventory. I would hazard to say there was enough inventory between the two to open 2 more stores.
5. I forgot to mention in my initial post the day my partner kicked me out of our store she made a comment about selling it as she did not have the time or the want to run a thrift shop, nor did any of her friends want to help her, so she was going to do everything she could to sell it. She would not be able to do this without my signature would she? Since I am a co-owner as listed on sunbiz.org If she did in fact sell it wouldn't I be entitled to half of what she sold it for less of course any bills that may be due?
I appreciate everyones comments so much I can not begin to say. If it comes down to me having to retain an attorney this may take a while due to finances; but I just really need a starting place and the best way to handle it. While this business isn't worth a lot of money the time and money I put into it are a lot to me.
If I can answer anything else please let me know. I will do my best to answer; and if I don't know perhaps I can find out.
Thank you again, I appreciate everyones efforts with this matter.
Jeannie
For that amount of money, you should see an attorney ASAP.
Not if you sell her your share of the business for $900 and some back pay.
I'm surprised by your situation for two reasons: (1) That you would sell your 50% share of a business, which is worth at least $75,000, for $900 and some change. Why would you ever think that's a good deal? (2) That your partner is equally silly not to immediately get your lopsided offer in writing, and then give you a check.
Again, when tens of thousands of dollars are at stake, it's generally worth it to hire an attorney.
I have to assume I am not making myself clear here. I in no way meant to imply I would sell my half of the business for 900.00 and back pay. That was a separate question. She indicated she may sell, and my question is even though I am not at the store at this time since my name is STILL on the business wouldn't she in fact have to pay me half of the sale? Sorry if I confused you.
If the business is not sold (which at this time it is not) I still feel I am due my 900.00 and my back pay. It could take a long time for this place to sell if she even does sell it. I should have stated these were two separate questions, and that is my fault.
I am not in a financial position to retain any attorney at this time since I have not received a paycheck since May of this year. Unless of course I was able to find someone to take the case on contingency, which for 900.00 wouldn't be much.
Thanks again for your assistance.
If the business is not sold (which at this time it is not) I still feel I am due my 900.00 and my back pay. It could take a long time for this place to sell if she even does sell it. I should have stated these were two separate questions, and that is my fault.
I am not in a financial position to retain any attorney at this time since I have not received a paycheck since May of this year. Unless of course I was able to find someone to take the case on contingency, which for 900.00 wouldn't be much.
Thanks again for your assistance.
>Charlotte<
Lurker
You really have to be proactive here. I think we're all a little puzzled as to why you're even allowing this to happen. You've presented yourself as a part-owner in this business, and yet when she said "Get out, you don't work here anymore" you apparently did as she demanded. She just can't do that, anymore than I could lock you out of your house and say "you don't live here anymore." Go back to work and tell her she can't stop you. Period.
Where were the profits going? Is it a joint account? Maybe your banker will give you some advice as to what you can or can't do with those funds.
If you're worried about liability, find out how to extracate yourself as an owner. Is the business insured? Talk to the insurance company. Call whatever entities issued the licenses and find out if you can remove yourself as an agent of the company. Be careful with that, though, because if you "disown" the business (for lack of a better word) to avoid any liability, you'll also probably be sabotaging your chances of recouping what is due you as an owner.
Probably the biggest problem you have here is that you did this with no contract. No offense, but that was a dumb thing to do. You chose not to have a contract to protect you, so now you find yourself with no protection. You might have no choice but to just chalk it up to an expensive lesson learned.
At least do this. Sit down, get your thoughts together, and send her a letter. Leave out the personal stuff. Tell her you are willing (if you are) to walk away from the business, if she does a, b, and c. Make one of the conditions that she cooperate with whatever steps are necessary to remove your liability with the business. Give her a deadline, and tell her your next step is suing her. Send it registered mail, return receipt requested. If she ignores it, find an attorney that will give you a free consultation, and then go from there.
Get over your desire to avoid a confrontation with her. If that's what you have to go through to stand up for yourself then either resolve to do it, or give up and kiss the money goodbye.
Where were the profits going? Is it a joint account? Maybe your banker will give you some advice as to what you can or can't do with those funds.
If you're worried about liability, find out how to extracate yourself as an owner. Is the business insured? Talk to the insurance company. Call whatever entities issued the licenses and find out if you can remove yourself as an agent of the company. Be careful with that, though, because if you "disown" the business (for lack of a better word) to avoid any liability, you'll also probably be sabotaging your chances of recouping what is due you as an owner.
Probably the biggest problem you have here is that you did this with no contract. No offense, but that was a dumb thing to do. You chose not to have a contract to protect you, so now you find yourself with no protection. You might have no choice but to just chalk it up to an expensive lesson learned.
At least do this. Sit down, get your thoughts together, and send her a letter. Leave out the personal stuff. Tell her you are willing (if you are) to walk away from the business, if she does a, b, and c. Make one of the conditions that she cooperate with whatever steps are necessary to remove your liability with the business. Give her a deadline, and tell her your next step is suing her. Send it registered mail, return receipt requested. If she ignores it, find an attorney that will give you a free consultation, and then go from there.
Get over your desire to avoid a confrontation with her. If that's what you have to go through to stand up for yourself then either resolve to do it, or give up and kiss the money goodbye.
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