I'm looking for some suggestions for financial compensation for the use of my contrac

[Good4me?]

I currently hold a landscaping license and I am sole member on the established LLC for the business. I got the license because my boyfriend of 12 years who has been running a landscape business for 20+ years ( some of those years with his own license & some of those without) needed somebody to get his license for him because his was no longer valid and he was in unable to get another one for whatever reason. I am more of a silent partner than anything because he does everything for the business...everything! I've asked him to let me help out with selling, bookkeeping, even manual labor and really doesn't want to include me? He tells me nothing about what's going on At anytime. And actually I feel as though he purposely distances me from the business because he feels as though it's his (which it actually is) and I might "take" a part or all of it from him if things between us go bad. Which I would not do. I just know with me being the qualifying party for the license, that I am supposed to be more involved than I am. I would feel more comfortable if you were to at least include me or keep me in the loop on where the business stands and what he's doing exactly. He currently is paying me $500 a month for the use of the license. Within the past year though he's already had multiple complaints to the ROC and as well as been arrested for contracting without a license which I found out due to public record and him trying to hide for some reason?? I don't know all the details around that. Nonetheless because of his diversions and secrets surrounding the business I feel that I should be compensated more than what he is currently compensating me. I can tell you that I know that the business is doing very well. any suggestions for more reasonable financial compensation for me to ask for? And any suggestions on any type of contract or written agreement between the two of us that I should have just to safeguard myself maybe??

 

[Zigner]

You didn't give us the name of your state, so I'm going to be very general:

1) You either KNOW why he can't get a license, or you have some idea. When you got YOUR license, you had access to the disqualifications from obtaining a license, so that would narrow it down. In any case, you were find with perpetrating fraud then, and even now, your only concern seems to be the money.

2) As I mentioned above, your only concern seems to be the money. You have absolutely no problem with (a) your boyfriend breaking the law and (b) breaking the law yourself.

 

[adjusterjack]

I can tell you that I know that the business is doing very well. any suggestions for more reasonable financial compensation for me to ask for?

Tell him you want $1000 per month (or whatever) and if he doesn't agree you'll cancel your license and dump him.

If he agrees you won't need a contract as long as he keeps writing the checks.

If he doesn't agree, make good on your threat.

But rest assured that he will find another fool to be his girlfriend and qualifying party very quickly.

 

[Zigner]

Tell him you want $1000 per month (or whatever) and if he doesn't agree you'll cancel your license and dump him.

If he agrees you won't need a contract as long as he keeps writing the checks.

If he doesn't agree, make good on your threat.

But rest assured that he will find another fool to be his girlfriend and qualifying party very quickly.

Why are you telling this OP to commit what is likely a crime, and possibly several crimes?

 

[quincy]

I currently hold a landscaping license and I am sole member on the established LLC for the business. I got the license because my boyfriend of 12 years who has been running a landscape business for 20+ years ( some of those years with his own license & some of those without) needed somebody to get his license for him because his was no longer valid and he was in unable to get another one for whatever reason. I am more of a silent partner than anything because he does everything for the business...everything! I've asked him to let me help out with selling, bookkeeping, even manual labor and really doesn't want to include me? He tells me nothing about what's going on At anytime. And actually I feel as though he purposely distances me from the business because he feels as though it's his (which it actually is) and I might "take" a part or all of it from him if things between us go bad. Which I would not do. I just know with me being the qualifying party for the license, that I am supposed to be more involved than I am. I would feel more comfortable if you were to at least include me or keep me in the loop on where the business stands and what he's doing exactly. He currently is paying me $500 a month for the use of the license. Within the past year though he's already had multiple complaints to the ROC and as well as been arrested for contracting without a license which I found out due to public record and him trying to hide for some reason?? I don't know all the details around that. Nonetheless because of his diversions and secrets surrounding the business I feel that I should be compensated more than what he is currently compensating me. I can tell you that I know that the business is doing very well. any suggestions for more reasonable financial compensation for me to ask for? And any suggestions on any type of contract or written agreement between the two of us that I should have just to safeguard myself maybe??

Good4Me, what is the name of your state or, if not in the US, what is the name of your country?

If you are in the US, your best course of action is to divorce yourself from your boyfriend's business entirely. Your license is not the only thing at jeopardy if you continue to allow your boyfriend to operate the landscaping business under your license and LLC.

If you have been with your boyfriend for 12 years, you probably know far more than you are letting on in your post about his past legal issues that preclude him from getting his own license.

"Compensation" should be the least of your worries.

 

[adjusterjack]

Why are you telling this OP to commit what is likely a crime, and possibly several crimes?

No more a crime than a landlord saying I'll terminate your tenancy if you don't pay a higher rent or an employer saying you keep your job if you take a cut in pay.

 

[quincy]

No more a crime than a landlord saying I'll terminate your tenancy if you don't pay a higher rent or an employer saying you keep your job if you take a cut in pay.

No. It is not exactly the same.

It would help, however, to know the name of Good4Me's state.

 

[Good4me?]

No. It is not exactly the same.

It would help, however, to know the name of Good4Me's state.

Sorry for the delay... 😕.. AZ

 

[quincy]

Sorry for the delay... 😕.. AZ

Thank you for providing your state name, Good4me.

My earlier advice to you stands.

You risk being sued and losing your license by continuing to allow your boyfriend to use your license to "pretend" he is a licensed contractor. I recommend you fire your boyfriend before he gets you into a costly legal mess.

Good luck.

 

[justalayman]

Your boyfriend is nothing more than an employee of
Your company. You own the LLC and you are the one holding the license. Not only
Does that mean you get to make the rules, it also means you or your business takes
All the blame for any problems your boyfriend
May cause.


The reason you arent involved or you don't know what is going on is because you refuse to take control of your business. If you want something different then you have to take control of
Your business.

 

[quincy]

... If you want something different then you have to take control of
Your business.

... and preferably before the boyfriend gets the LLC and Good4me sued.

 

[LdiJ]

Your boyfriend is nothing more than an employee of
Your company. You own the LLC and you are the one holding the license. Not only
Does that mean you get to make the rules, it also means you or your business takes
All the blame for any problems your boyfriend
May cause.


The reason you arent involved or you don't know what is going on is because you refuse to take control of your business. If you want something different then you have to take control of
Your business.

If you are going to go that route (rather than just cancelling the license and LLC) then you not only need to take control of your business, but you need to be paying your boyfriend as a full fledged employee, with proper withholding and a W2 at the end of the year. You also need to get yourself some good business liability insurance.

 

[quincy]

... Within the past year though he's already had multiple complaints to the ROC and as well as been arrested for contracting without a license which I found out due to public record and him trying to hide for some reason?? I don't know all the details around that ...

I am not sure that Good4me, or any employer, would want to employ the boyfriend, given just the above-quoted information.

A "successful business" can become "no business" within a very short time if multiple complaints against an employee result in multiple lawsuits against the company.

I think it is well past time for Good4me to fire the boyfriend, leaving him to succeed or fail on his own.

 

[Good4me?]

What do I need to file or do now to get the bank account "unfrozen" or released to me

Okay, its been awhile...but let me try to explain whats taken place since my last concern or questions...

I have broken up with my boyfriend...(Tony)and I know it is not necessary to say why but Im going to only to make sure the reason wouldnt come back and bite me in the butt (if you will). I am 4 1/2mos pregnant with his baby(yes, i know for certain), found out that he has a girlfriend for the last 4-5mos. at least, tried to hide it of course because of the license. I sent him an email back on 2-9-17 stating that he no longer had my permission to contract or work under my license and business name (which i am the only member-manager LLC) any longer. Now please keep in mind, Tony has had an unusually high amount of complaints opened and now closed with the AZROC, the investigator thats handled all of these is fully aware of Tonys repeat violations and somewhat assisted me with getting them resolved and closed etc. nonetheless, knows Tony all too well. I forwarded the email I sent to Tony to the ROC and filed an unlicensed contracting complaint as well against him just within the last 2 weeks. Have not heard anything back yet? But nonetheless. I also know that Tony opened a business account at a local bank under my LLC name and him being the only signer?? Yes, I know, (because I was a business banker for many years) that they did that in error and should not have. So anyways i called the bank told them what they did, which of course agreed they shouldnt have because I am the sole member of this LLC. So they froze the account and turned it over to their legal dept. So I have spoken with the bank attorney, who basically isnt going to do anything with the account in fear of being sued by either party and will just wait for awhile to see if we can come to some agreement if not it will just go to interplead. I dont know exactly the balance in the acct but i do know its roughly 20k or slightly less. Tony has hired an attorney and is claiming breach of contract on my part from a small document I drew up in 2015 stating that Tony was to pay me $500 per month on the first of each month along with pay me & my kids' cell phone bill and that he would be responsible for any lawsuits, etc, i would have no liability of any financial claims, atty fees etc that arose in the future from him or any work he or his crew does now or in the future while he was working under my license. I spoke to his atty and emailed him back stating that his client, being tony, breached that contract years ago simply by failing to meet my demand of $500.00 each month on the 1st of the month, as well as the cell phone, because i have not had any cell phone service since last week, as he disconnected my service only, my daughters is on.

So, I have no intention of releasing the funds that are in the bank to him, as I want them in an account with my signature only and business name to remain to be able to get to should any customers hes contracted with or any of these complaints get reopened within the next 6mos, and I might need for payment or whatever, IDK. Is there anything that I can file to force the bank release the account funds to me? I realize I can file a civil complaint of some sort, but not sure against who? the bank or tony or what? I do not know if Tony & his attorney intend on filing or if they are even in the process of filing suit aagainst me. I have not received any written response back from his attorney after i replied to their original complaint via email and spoke with him on the phone following day. Which was 2days ago. I dont know if this is even relevant or not, but the last open complaint that was on file with the ROC I contacted (while it was still open, but closing the following day) They had just given Tony a final check for 15k, payable to my llc , so I asked them to place a stop payment and issue me another which they did and I now deposited into a new acct somewhere yesterday. I know Tony has that original check just holding hoping Ill unfreeze the account so he can negotiate, because neither him or his atty have even brought up that check. But I am pretty sure they would have no legal claim against me on taking that action, right?? any additional advice, and direction on which way to go now would be greatly appreciated. If needed I can fwd any documents of claims or my responses etc. if needed?

 

[quincy]

Okay, its been awhile...but let me try to explain whats taken place since my last concern or questions...

I have broken up with my boyfriend...(Tony)and I know it is not necessary to say why but Im going to only to make sure the reason wouldnt come back and bite me in the butt (if you will). I am 4 1/2mos pregnant with his baby(yes, i know for certain), found out that he has a girlfriend for the last 4-5mos. at least, tried to hide it of course because of the license. I sent him an email back on 2-9-17 stating that he no longer had my permission to contract or work under my license and business name (which i am the only member-manager LLC) any longer. Now please keep in mind, Tony has had an unusually high amount of complaints opened and now closed with the AZROC, the investigator thats handled all of these is fully aware of Tonys repeat violations and somewhat assisted me with getting them resolved and closed etc. nonetheless, knows Tony all too well. I forwarded the email I sent to Tony to the ROC and filed an unlicensed contracting complaint as well against him just within the last 2 weeks. Have not heard anything back yet? But nonetheless. I also know that Tony opened a business account at a local bank under my LLC name and him being the only signer?? Yes, I know, (because I was a business banker for many years) that they did that in error and should not have. So anyways i called the bank told them what they did, which of course agreed they shouldnt have because I am the sole member of this LLC. So they froze the account and turned it over to their legal dept. So I have spoken with the bank attorney, who basically isnt going to do anything with the account in fear of being sued by either party and will just wait for awhile to see if we can come to some agreement if not it will just go to interplead. I dont know exactly the balance in the acct but i do know its roughly 20k or slightly less. Tony has hired an attorney and is claiming breach of contract on my part from a small document I drew up in 2015 stating that Tony was to pay me $500 per month on the first of each month along with pay me & my kids' cell phone bill and that he would be responsible for any lawsuits, etc, i would have no liability of any financial claims, atty fees etc that arose in the future from him or any work he or his crew does now or in the future while he was working under my license. I spoke to his atty and emailed him back stating that his client, being tony, breached that contract years ago simply by failing to meet my demand of $500.00 each month on the 1st of the month, as well as the cell phone, because i have not had any cell phone service since last week, as he disconnected my service only, my daughters is on.

So, I have no intention of releasing the funds that are in the bank to him, as I want them in an account with my signature only and business name to remain to be able to get to should any customers hes contracted with or any of these complaints get reopened within the next 6mos, and I might need for payment or whatever, IDK. Is there anything that I can file to force the bank release the account funds to me? I realize I can file a civil complaint of some sort, but not sure against who? the bank or tony or what? I do not know if Tony & his attorney intend on filing or if they are even in the process of filing suit aagainst me. I have not received any written response back from his attorney after i replied to their original complaint via email and spoke with him on the phone following day. Which was 2days ago. I dont know if this is even relevant or not, but the last open complaint that was on file with the ROC I contacted (while it was still open, but closing the following day) They had just given Tony a final check for 15k, payable to my llc , so I asked them to place a stop payment and issue me another which they did and I now deposited into a new acct somewhere yesterday. I know Tony has that original check just holding hoping Ill unfreeze the account so he can negotiate, because neither him or his atty have even brought up that check. But I am pretty sure they would have no legal claim against me on taking that action, right?? any additional advice, and direction on which way to go now would be greatly appreciated. If needed I can fwd any documents of claims or my responses etc. if needed?

Oops. I thought you were a new and different poster adding to this thread. Your post as I have quoted it above should be returned to its place in the thread before long.

Sorry for my mistake.

After reading through your story, I can only recommend that you hire an attorney in your area to help you. Your needs go beyond the help a forum can provide.

I think you were smart to end your business relationship with Tony but if you are pregnant with Tony's baby, this means he will be in your life forever.

Good luck.