Appellate Practice Attorney serving New York, NY
Did you companion say why he can only be removed from the business in January? There's nothing inherent in the nature of a business that prevents owners or employees from being removed at any time, but there may be something in the particular paperwork for your business which would. For example, does he have an employment contract which runs out in January? Is your business a corporation and your companion is a director (or a manager, if your business is an LLC) whose term is up in January? Has he guaranteed to any third party, such as a landlord or lender, that he will be affiliated with the business and that guaranty is up in January? Do the two of you have a contract relating to the business that provides that a change in management and/or ownership can only take place in January? In sum, I doubt that there is any reason why your companion cannot be removed consensually at any time, but there could be some reason particular to your business why not. You need to know why he claims that he can only be removed in January.
Answered on Dec 26th, 2019 at 7:36 AM