Our partner has alcoholic addiction and not working

[pcgo]

Jurisdiction

California

One of our partners, who has the large stake (45%) is severely alcoholic and fails to perform his designated tasks.
Myself and another partner own 55% of the LLC.
In spite of repeated requests and warnings, he doesn't take any interest in the LLC tasks. He is taking salary for the assigned tasks that he never performs. Can we force him to be a passive member of LLC and not let him take any salary?

 

[adjusterjack]

You're going to need a business lawyer to review your operating agreement and advise you of your options.

 

[zddoodah]

One of our partners, who has the large stake (45%) is severely alcoholic and fails to perform his designated tasks.
Myself and another partner own 55% of the LLC.

Just to clarify, LLCs do not have partners. The owners of an LLC are referred to as members. I therefore will assume that, where you have referred to "partner," you mean "member." It would, however, be helpful if you clarified whether this alleged alcoholic is also the manager of the LLC.

Can we force him to be a passive member of LLC and not let him take any salary?

Depends on what your LLC's operating agreement says. Take it to a local attorney for review and advice.

 

[pcgo]

Our operating agreement doesn't mention about salary to any members or who is the LLC manager. The LLC was formed online and so the operating agreement is default.
Can we draft a resolution signed by the other partners (who own 55%) stating that the offending member would be passive and will not be on the payroll?

 

[Zigner]

Our operating agreement doesn't mention about salary to any members or who is the LLC manager. The LLC was formed online and so the operating agreement is default.
Can we draft a resolution signed by the other partners (who own 55%) stating that the offending member would be passive and will not be on the payroll?

Probably not - you need an attorney.

 

[zddoodah]

Can we draft a resolution signed by the other partners (who own 55%) stating that the offending member would be passive and will not be on the payroll?

You can draft anything you like, but folks on the internet who haven't read your operating agreement aren't going to be able to tell you whether anything you might draft would be legally enforceable. Telling us that your "operating agreement is default" doesn't mean anything. There isn't any universally standard form.