QUESTION
Can she legally drop me as a partner even if I never wrote a formal resignation to the company, or to either of the partners?
Asked on Oct 14th, 2014 on Labor and Employment - Georgia
More details to this question:
I started a reader's theater with two partners. One of the partners and I paid all financial obligations. One night, I was really ill, one partner got drunk and embarrassing so I wrote that I quit on a napkin and left after three hours. When I wrote them a letter, they apologized. Then I had to go into the hospital for a month. While I was there, my female partner, wrote my brother a bizarre letter saying that I had signed a contract in the beginning agreeing to pay one-half of financial obligations, about $2,800 on my part, and that I was being dropped as a partner. I had an attorney write a letter to her (she had been my best friend) requesting that she produce the original non-existent contract, which of course, she couldn't and didn't do. Now she won't speak and has said terrible things about me in our small community where I am well known. Thank you!
1 ANSWER
I am confused why you are seeking an answer here, when you have already retained an attorney. Are you shopping until you get the answer you wish? I suspect you really do not have a legal problem, that is to say the law is probably not the best way to resolve your problem. First, I am assuming you are in GA. If not, resubmit your answer and indicate your state. Partnerships are governed by state law, which varies from state to state. Second, I am assuming you have no written partnership agreement. If you do, then look to that agreement for an answer. If you have no agreement, your resignation likely would be valid, even though you did it on a napkin, in anger. Absent an agreement to the contrary, a resignation is a resignation, and there is no requirement that it be more formal. As to financial obligations, you may owe them, they may owe you. It depends on the circumstances. As for your reputation in the community, that is a wholly separate matter. Perhaps you can rebuild it by other good deeds, and perhaps by making peace with those who offended you.
Answered on Oct 16th, 2014 at 10:11 AM