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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I am one of two directors and 50% shareholder in a small

Customer Question

I am one of two directors and 50% shareholder in a small business
My business partner who hasn't been a director for as long as me has fired me following a personal issue but using the excuse of gross misconduct (excess alcohol).
Question is this. Can she do this? Decisions over hiring and firing have always been made jointly by the two board members.
What is to stop me, as a director, employing myself in a different role?
Submitted: 10 months ago.
Category: Law
Expert:  Alex J. replied 10 months ago.

Hi thank you for your question and welcome. My name is ***** ***** I will assist you? Has she removed you as a director as well?

Customer: replied 10 months ago.
No. she is attempting to do that via divorce court, but until business has been valued properly and independent I don't see how a judge would be in a position to transfer my shares to her or remove me as director
Expert:  Alex J. replied 10 months ago.

Hi, Thank you. The only way to force the sale of your shares or remove you as a director is by court order. Is the business part of the marital assets? Kind regards AJ

Customer: replied 10 months ago.
Alex,I know that, but I had two roles in the business - one was as Managing Director, the other was a technical role - it is this technical role that she has removed me from. I am still a Director (for the time being at least).My question is - is what she has done acceptable? As Director, surely the decision to fire someone has to be agreed by all board members?What is to stop me, as a Director, employing myself in a different technical role and turning up for work tomorrow since she has taken it upon herself to employ people and increase her salary tenfold since I was fired?Am I still technically an employee?
Expert:  Alex J. replied 10 months ago.

Hi, Thank you. When you should terminated your employment contract did she give you notice under the contract? Did she follow any company procedures , i.e have a consultation? Kind regards AJ