Issues with business partners..?
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I would just like some advice on the situation: It's a mess so you've been warned lol Ok so a little background: My husband and I went in equal parts with 2 other partners to open a restaurant. There was not written agreement set into place, just a loose verbal agreement. Due to others legal issues I was the only one that could sign, which didn't bother me as I have the most experience being a GM. The other two partners are family to my husband. We did not have the money right off and it was agreed we would be able to wait till tax season because they really needed me to sign. The other partners just recently turned in there money, and our taxes have now been filled. They will be here in a few weeks. Here is the issue: One of the partners wife is working there. She is technically one of the partners too, but her and her husband count as one partner - Like myself an my husband. We will call her Shelly so I can explain the story easier... Well Shelly and I just cannot get along. She thinks she is the boss upfront, which was not what we agreed on. I wouldn't even mind so much if she knew what she was doing. The other night I told her that it was a fire hazard to lock people in the restaurant. It was closing time on Vday and people were still coming in. I was taught to leave the doors open that way YOU can tell customers that you are closed and to come back some other day. Personally I think it's disrespectful to just let then try the doors to find them locked, while the place is still basically full of customers. On the doors it say; 'These doors are to remained locked during business hours' which it was technically before we closed. I let her know that it was a fire code violation and we actually had a pair of uniformed cops eating there... I myself went up and unlocked the door to make sure it was done. A few minutes later I go up to ring people up and there are more people trying to get into the doors. After checking the doors I realize she has RELOCKED them, BOTH. I tell her again and she tells me no. So I unlocked the doors then kept the keys. Problem solved. That same night she was in charge of sitting people, clearing tables, and ringing people up. Instead she was busy only helping her favorite server to clear her tables and other random things. I think I told her about 10 times about people being at the door because I was just too swamped with bar tending and serving to do her job. She even took the time to brew herself some fresh coffee while we scrambled to find things we had completely ran out of. After she made her coffee, mind you we still have a full house, she takes a seat out in the dinning room and gets on her phone!? I walked by her about 5 times waiting for her to get up before I said something. I told her, 'If you have nothing to do we are out of glasses and small plates. You could also start on cleaning duties, but there is no time to sit down.' She was outraged. Acting like a 2 year old having a tantrum she told me I had no right to tell her what to do. She was loud and it was totally looney. I just ignored her craziness and got back to work as she blocked the pass through to complain about me. Everyone agreed with me though, so that made her even more upset. To the point she told me she did not like me and didn't want me to be there. Fast forward to yesterday... They completely blindside me (Shelly and her husband) by wanting to have a meeting alone with just me and them. Were they tell me since we can't get along I will now be off mon-weds. This makes no sense to me, as I thought she was going to tell me she was sorry for the other night. She lied saying she never said she didn't like me, lied saying she wasn't pouting (again sitting) upfront while the rest of us worked on dishes, lied saying she 'misunderstood' about the doors. Mind you I have witnesses and a picture of her sitting up at the front for over an hour. I was told I was to be the GM, now they are telling ME to take days off. Mind you this isn't her first offense. We lost a cook the first month we were there because she constantly treated him badly (he was gay), and told me straight up she thought gays were nasty. She cut another servers hours because she can't serve her own drinks. I don't mind serving them for here though, it gives me a chance to talk to the tables. Real issue is Shelly just doesn't like her. Then I find out she had threatened to divorce her husband and take there kids if he would not agree with her. Awesome. Everyone in there is tired of her 'queen-bee' attitude, but we feel there is nothing we can do... Basically I just need to know my rights in the situation and what I should do? I have managed for major companies before, if I had a worker like her on staff she would have long since been fired. I just don't want to get sued for discrimination because of her. It's impossib
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Answer:
1. A written partnership agreement should have been mandatory prior to starting the business. This is especially true when family is involved. 2. Do what you can to get everyone to step back in order to prepare and sign an agreement. 3. Your brother-in-law is a liability because he is weak and needs to be removed from the "partnership" 4. You need to reorganize as an LLP or (Subchapter S) corporation. On the basis of what does she intend to sue about discrimination or is that an emotional hallucination?
Helena at Yahoo! Answers Visit the source
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