Need Legal Advice

Help guys..
Started small business, going on six years..inside a university, so have smalll clientele..make decent money, pay bills, put enough away to buy equipment, repairs, etc.
The problem I have is this...
I started the business myself,
created the name, menu, got the contract with the school all alone..sadly I brought in my brother, he needed a job, knew the industry, coffee..didn't want to, but reluctantly did, he almost expected me to. I thought it would ease the stress of looking for a employees, have some knowledge, know him, etc.
fast forward a few years, I've been trying to fire him, have him move on..he won't..
He says he's 50% owner, had a stake in the business, 50% owner of equipment, financials, etc. Says he works 10 hours a day, he's legitimately a owner..
Claims since he's worked there since the beginning, he's owed everything..he can't be fired, he won't leave even if I would fire him..he won't leave!!!

What legally can I do to fire him?
Do I need a lawyer, and how to approach that?
Can I get paperwork for my protection?
I'm cool with giving him something, but no where near 50%..
Any help is appreciated...
Help help

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Do what I would do, user.

Jew him. Jew him hard.

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What is your legal structure? I.e, sole proprietorship, corporation

Surely you report payroll to the feds and the state - is he on your payroll?

Kill him

This but unironically

Here, also need to know what state you are in

lol you're going to burn so much time and money fighting this
my dad did something similar and he ended up just agreeing to 50/50 after lawyers, threats, accusations, etc.

This is what happens when you do business with family.

You've got 5 minutes to reply op

my uncle is a piece of shit
he would show up to work drunk and my dad never fired him
always looked out for him and his family giving him loans he will never pay back
then all of a sudden he wanted official corporation documents saying he owned 50% and cried theatened and claimed a bunch of nonsense got his own lawyer to the point my dad was waking up in the middle of the night confused with no memory of the past 3 years
and it would take like an hour for him to come to
I hate my uncle so much

OP clearly doesn't care about this if he can't reply to his own thread or even be bothered to give specifics. Probably a larp as well. Short answer: If he holds no stock in the company and no written contract for stock, he isn't entitled to any. If it's registered as a sole proprietership, he isn't entitled to anything. Most states are at will, meaning you can dismiss him without cause - he cannot tresspass or risks arrest. I hope ou didn't sign any contracts with him. This person is a retard because 50% 50% will kill your business due to gridlock. Kick him out without cause but be nice to him, ignore any threats and go to court if you have to. If nothing is in writing, there's no basis for any of his complaints. But I hope to god you registered your shit with the government. Could have received better advce fgt but you wrote your thread and disapp lke noone else has beter things to do

you're probably right but my dad didn't want his little brother to fuck up his livelihood and family
and you're right the business has suffered quite a bit

He's not on any payroll..I haven't set up any corporate shell..I file taxes myself, personal add business..alone.

Really, I think I have better chance..I hope so, I would offer something..the problem is he wouldn't leave

If he's not on your payroll, and you've been paying him, you could face a penalty depending on your state (Which you still haven't specified) because you're legally required to report new hires to the unemployment office. But that penalty is only around $25 per person you haven't hired here in California. If it's a sole proprietorship, he is owed jack shit and it isn't even possible for him to have "50%" if he wanted, because there is no corporate structure. Dismiss him, the formal cause should be "without cause" and for legal reasons you should NEVER tell him or anyone else why you dismissed him (this is for California and Delaware). Tell him to not come to your place of business again. If he comes again, call the cops for tresspassing. DO NOT GIVE HIM ANYTHING OR COMMIT TO GIVING HIM ANYTHING IN TEXT OR IN WRITING AS THIS CAN BE USED AS EVIDENCE IN COURT AGAINST YOU THAT HE IS ENTITLED TO 50%. IF YOU GIVE A SHITHEAD EVEN 1% OF YOUR EQUITY IT MAKES IT APPEAR THAT YOU HAD A PRE-EXISTING CONTRACT THAT HE WAS CONSIDERED A BUSINESS OWNER

I'm no legal expert but whatever advice you do get OP, be merciless with your brother. He has transgressed family in the greediest and dirtiest of manners. Fuck him

Thanks, sorry for late response..
I signed the contract myself..
I have not signed any documents staying his say of he owns 50%..
He just says that, it probably would go to court, he would probably contact a lawyer, of course a jew would take the case, I don't think he had any ownership in the business..
Should I file a legal sole propriety in my name asap?

This is all contingent on where you are located. You need to specify your state, if you're outside the USA I have no idea. In the USA if he won't leave, you call the police and he will be arrested and charged with trespassing. Fuck him

fuck yeah. tell him he's fucking canned and you are going to call the police if he doesn't leave

Don't do anything now that this has already happened
Anything related to filing for new entities will look suspicious
Now what you need to do is just relax, dismiss him without cause, if he sues you then he sues you. The rest of us are down 100% on the crypto market, so you never know when you might lose everything. This is why you learn to live frugally

>25130▶
A good protip If you are facing a lawsuit, don't try to restructure your business as fraudulent conveyance is a crime in california. Same with trying to hide your assets if they aren't already safe inside of a trust. Best thing you can do is leave everything as it is and don't modify it as 90% of the time the opposing counsel is banking on the idea you'll get nervous and try to restructure which will make them get some kind of way to convince the judge you're up to something

I'm in California.. LA sir

Thanks

You'll be fine as long as you do the following
1. Dismiss him without cause
2. Do not reply to any correspondence with him or from his attorney (implying he would even be able to get one)
3. Do not try to restructure your assets or your business
4. Have records of all your previous correspondence with him and all your business documents arranged generally (this is the hardest part of getting ready for trial because most businesses do not keep their shit organized at all and have lost documents - you should back up all of your text messages and social media correspondence in particular)
5. Haven't pledged to give him ownership in writing

Worst case scenario is you'll get fined $25 per year from the EDD for not reporting him on your payroll. But I'm not an attorney and this isn't legal advice, just practical business strategies. If you feel the need to consult a business attorney, go ahead. But they can fuck you up and scam you also.

Number 3 is very important. If you are a small business owner and you give deference to the court and are generally amicable and pleasant to the opposing side, the judges here can be pretty nice. But California is pretty aggressive against people who try to hide things, even if in other states that is considered normal

I live very bare bones..I have money saved..I just want protect my business..and my name.

>The rest of us are down 100%

Speak for yourself.


Don't listen to this retard. He's probably a pizza delivery guy with an attorney complex. Just give your brother some fuck off money, tell him take this or else you'll hire an attorney (a real one). Make him sign a contract that he does not own any equity ownership. Keep it civil.

Or your brother will go to Yelp and write that your coffee tastes like diarrhea and then you're done.

You really should have incorporated a while ago, when this blows over you should incorporate offshore and register to do business in California. Then you need to keep your assets in an offshore trust, you can't shield assets after something already starts - that's a crime here. But if you do it before things get bad, you're safe.

This could be considered a crime and is a very bad idea. You can't just pay people to shut up and expect the government to not get curious

There also isn't anything called a "contract that he does not own any equity ownership" - that, again, looks suspicious. Btw, I'm not down 100% friend - I sold in december faggot:)

Sorry to hear that..that's what I'm trying to avoid..

Yeah right. You're probably put all your money on DeepBrain Chain.

Brilliant advice

That's great advice..I will conduct business as usual..I will try and get a grip on all my documents..I don't have all the information, I for sure didn't have any contact signed by birth him and myself..it's indeed infuriating..the private account does have both names on it..could I transfer to a different account?
Maybe cut him a check, say something along the lines of credit building..
then close the account..

Haha, that's what I said, he insists that he owns 50%..I mentioned I would cut him something to fuck off..he said he would go to court..I would love to go to court of need be tho..

Sounds good, wouldn't know how too..interesting and great idea.

When it comes to banking, it's not good if he's on it. But that in the absence of all other paperwork doesn't mean he is a business owner, companies trust employees with bank access all the time, it doesn't mean they own the company. Personally I wouldn't give him any money through check as that's a great way to get your transactions under scrutiny. You might want to visit an accountant / business law guy about your transactions since they may be a little problematic based on how you've described them

let the semiticness flow though you

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Thanks your advice is greatly articulated..I will also contact a free legal attorney to run by a few things..I'll be the jew, then I'll not seek his help..it was a bad move on that part..I'll try and correct that asap..I won't shuffle anything around that would red flag in any legal setting..of I do go to court..I'm assuming he will..thanks again sir

Don't feel bad about this, I think everyone has to deal with some shitheel demanding 50% at some point. I dealt with a gridlocked company for years and it finally fixed itself when we had to pay taxes, then he was out. Be more careful about trusting people in the future

I'm trying to jew this jew..before he tries to jew me..Oy vey..I don't need another shoah...why they hate me so..

>I wouldn't give him any money through check as that's a great way to get your transactions under scrutiny

while you're at it, why don't you advise him to make 3 cash deposits each for less than 10K during the same day, to "avoid scrutiny"?

Didn't think it would come to this..but it has..this will also delete any daily bond , friendship etc..such is life..I should have started this a long time ago..I'll check out a sole proprietorship after I discuss with a lawyer..he'll provide that info..also I'll discuss the bank issue..

Because that's a crime you absolute mong
The reason why you don't write some guy a check is that it can be misinterpreted, photocopied, etc

Yeah it's a lonely road, you really learn how terrible and parasitic people can be. Learn to be comfortable with yourself and your own creative potential

Likewise..you take care..merry Christmas and thanks again

Comfy thread. Do not regret reading. Thanks based tax man. Good luck small bizness senpai.

Stop the anti-semitism. It's bad for you.