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What rights do I have as a corporate officer snd 31% shareholder in my corp. if I am unhappy with another partner operating it ?
Tyler, TX
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Posted 5 months ago in Corporate / Incorporation
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I want to take over operation of our 3 partnered S-Corp business because, the partner operating it is putting it in major danger by having sexual relations with employees, and also crossing the per-say line, with sexual inuindos that we can be sued for sexual harrassment for his words and actions ?? Thank you,
James Answers (2)
Ronald Anthony Sarno
This attorney is licensed in New Jersey and 1 other state.
Posted 5 months ago.
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You are right to be concerned, but if employees are not complaining then you will have a hard time doing this. You need to buy out his interest and bar him from the workplace. You can bet he will put up one **** of a fight. Eventually some employee (usually a spurned lover) will file a sexual harassment suit and name the COMPANY and maybe you for negligence. I would immediately discuss my options with a TX business attorney. Also you should seriously consider setting up a procedure for employees to report sexual harassment BEFORE you get hit with a suit since it will show some effort on your part to counter this.
You might find my legal guide on selecting and hiring a lawyer helpful. You might find my legal guide on Is it Legal? Is it Illegal? helpful. You might find my legal guide on the understanding the different court systems helpful. You might find my legal guide on legal terms used in litigation helpful (Even if you are not filing a lawsuit this information can be useful). You might find my legal guide on commercial litigation helpful. . You might find my legal guide on Employer/Employee disputes helpful. LEGAL DISCLAIMER Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with an attorney in their own state to acquire more information about this issue. 
Mark L Rosenberg
This attorney is licensed in Dist. of Columbia and 1 other state.
Posted 5 months ago.
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You should immediately convene a formal meeting of the Board of Directors to deal with this situation. The company's counsel should be present at this meeting. If your partner's behavior is affecting the corporation, it is important to work this out before more damage is done. If the partner refuses to have such a meeting or denies that there is a problem, you should immediately hire personal counsel for you to force this situation to a head as soon as possible.
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