Can one business partner over ride the other regarding firing an employee?
Asked on Sep 08th, 2011 on Business Law - South Carolina
More details to this question:
Regarding dog grooming/pet salon: Business partner #1 has more $ invested than Business partner #2. #2 has son working wahsing dogs. Son was insubordinate to #1 numerous times so #1 fired him. #2 refuses to cooperate and lets son come into the place of business and work. Both names are on the lease. Can #1 force #2 to cooperate?
The answer is "probably not." As a general matter, general partners in an unincorporated business have equal rights to management, regardless of the amount of capital contributed. This rule can be varied by agreement of the parties, generally in writing -- but I understand your question to imply that there is no such agreement.
If partners disagree, the legal system generally has only one remedy for it: forced dissolution of the partnership.
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