|
Family member expect us to do his work for him
My brother in law had a heart attack, we have been doing his share of the work in our business for nearly a year. He isnt well enough to probably ever work, but he wants his income to continue so he wants us to keep doing his work. He has been careless in every aspect of his life, has substantial debt, and lives a lifestyle that will eventually kill him. How do we shake him loose? My husband is exhausted from all the extra work, I am frustrated and want to leave, my son feels like a slave. All we do is fight over this, we need him to stop being a burden to us.
[ ]
Want to answer more questions in the Relationships category?
Maybe give some free advice about: Families?
You said OUR business. By this do you mean a family business that he is part owner of; or is it you and your husbands business that he is employed by you and your husband. This is important for legal reasons.
If your brother in-law is part owner of the business then you need to consult a lawyer to have the Corporation papers or partnership papers reviews to see if they cover such a situation. If so then you just need follow the bylaws of the Corporation or Partnership agreement.
If there is no clause covering such a contingency then I would thing the lawyer would suggest you have the business evaluated by an independent CPA firm, probably one the lawyers office works with. To evaluate the worth of the business. Once you have a certified evaluation of the business you and the lawyer can make an offer to buy out your brother in-laws share of the business. He can accept, reject or make a counteroffer.
Your brother in-law might just flat refuse to sell his share. That's fine, you the ask the lawyer if there is anything that requires you to continue his salary. You see as a shareholder all he probably is entitled to is a return on his investment based on the shares of the business he holds. This would be based on the profits at the end of the business year. Which you would send him a check for after the accountants have closed the books for the year. Of course having the books certified each year is a business expense that comes before profit so this would lower the profits reported at year end.
Having only to pay your brother in-law his due profit, if any at year end would allow you to stop paying his salary and hire someone to do his work.
Everything depends on how the paperwork for the business is written. If there is no formal agreement then the most you may owe him is a return of any money he invested plus interest. This is why you need to see a lawyer and find out exactly where you stand legally.
Since this is family what I suggest is you have your brother in-law apply for social security disability. Once he is approved you then can stop his salary.
]
It sounds like you need to stop helping him. I feel bad for the fact that he had a heart attack but if you're not going to take care of yourself why should someone else. Now I'm not saying you should cut him off completely. Of course you can always say that you are there for support and if he ever needs to talk. You have your own family you need to take care of. If he isn't capability of taking care of himself then he should be in the hospital or in a facility that will do so. Where is his wife or children? I know it sounds harsh but honestly you've got your own life to worry about. Good luck!
]
Your best bet is to speak to a lawyer. Even if your brother in law is simply an employee of the business, it is likely best to get a professional opinion about your legal responsibilities at this point. If your brother in law is an owner in some way, then you definitely need legal advice.
No matter what you choose to do, either on your own or as a family, it will be difficult, but before you can even know exactly what your options are for addressing this you need to speak to a lawyer. Even the best path will probably take a while, but if you make a misstep, it could take even longer and be even more expensive and difficult for you.
]
More Questions: |