What can be done about my business partner’s wife’s interference?
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What can be done about my business partner’s wife’s interference?
We started a business recently and have an LLC with 2 members. The business is running great. The other member is the actual person running the business onsite and I do most of the work behind the scenes dealing with vendors, receivables, payables, taxes, insurance, etc. The problem is the partner has involved his spouse in the business and the spouse now thinks she has a say in the operations of the business. She is making decisions without consulting me and I do not agree with everything she wants to do. Does she actually have any say in the operations? What rights does she have in the business? The other member lets her get away with it because it is his spouse. It is so bad, I don’t even want to be in the LLC anymore even though the business is doing great. I asked them to buy me out but they will not. I said I will buy them out but they are not asking a fair amount. I am stuck. We always end up having a huge fight and she is harassing me. Can I legally have an order that I do not want her to be at the place of business?
Asked on April 26, 2017 under Business Law, Oklahoma
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
She has whatever rights or power your partner wishes to give her, since he can delegate to her. You can't keep her out of the business if your partner wants her in, unless there had a been an operating agreement which in one way or another stopped her from participating at all. You also can't get a court order to keep her away unless she is threatening you with violence, harassing you in some legally actionable way, stealing from the business, etc. (I.e. it has to be bad enough to get a restraining or protective order.) Unfortunately, when you partner with somene, you effectively partner with their spouse, too, unless there was some agreement or structure in place to prevent this. You may be stuck with her.
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