Consumer Law, Warranties Sweat equity agreement cancellation

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leonwright

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Hello,

My wife and I worked for a small cafe/kitchen business. I was hired and began working for the company before my wife did. Back in February of this year, the owners asked me to enter into a sweat equity agreement with them and help them expand, based on my previous experiences with developing and implementing systems and techniques that would solve their problems. I signed an agreement on February 28, 2009 for a salary of $600 per week for 30 hrs per week of work, either in the cafe, in the newly created central kitchen or in developing systems for their use in expanding the business.

Long story short, the owner decided 2 weeks ago that he no longer wanted to expand the business based on some bad moves he made that cost him lots of money. He wanted me to take over a portion of the business immediately, but had no term for me to base a decision on. In order to get me to make a decision, he withheld my wife's paycheck to "get a reaction" from me to produce cash to buy into his business, instead of using the sweat equity I had earned. Since I refused, he has terminated my wife, "closed" the portion of the business he wanted me to buy into and is refusing to honor the sweat equity agreement, stating that I had took the risk of doing business with them and that it is the "price you pay when you invest in a start up business" and that he has "no idea where the money is coming from, I have no money." This may be the case, however, I now see new furniture, renovations and a new location opening up! How can it be that he thinks he can dismiss my wife and not honor our agreement, but make large cash purchases to increase and renovate his business? I have attached the agreement here. So, am I not entitled to be reimbursed for the time I spent helping them? Is this true that he can just say "no, I am not going to pay you?"
 
You have a suit. It isn't something you can really pursue yourself, nor do you have to. You need an attorney, though some of his/her fee can be a contingency I imagine. You are a minority "stakeholder" in his company whether he likes it or not. Your wife is an innocent party and has NOTHING to do with your agreement with him

I would sue him for the value of your sweat equity and or I would sue him for the value of the portion of the company that you should have received. It is very possible that you can start the suit by freezing assets with a preliminary injunction. Nothing will quite get his attention like freezing his company bank account. Go get an attorney you will win if you have been honest in your question.
 
It's been two weeks. And you get what you pay for.

The Soma Center of South Florida LLC will develop licensor and shareholder agreements that will fully detail the agreements including, but not limited to, share structure and earn in model of shares, financial and legal responsibilities, terms of non competition, defaults, termination upon death, disability, marital dissolution, bankruptcy, shotgun buyout clauses, sales and encumbrance of shares.

Did those agreements ever get developed?
How can it be that he thinks he can dismiss my wife and not honor our agreement, but make large cash purchases to increase and renovate his business? I have attached the agreement here. So, am I not entitled to be reimbursed for the time I spent helping them? Is this true that he can just say "no, I am not going to pay you?"
He can dismiss your wife because he is her employer and he has the power to do so. IANA Florida employment lawyer, so post in the Employment forum for further details on that particular issue.

He can't say "No, I'm not going to pay you", but he can say "I'm going to pay you whatever you earned under the agreement, which is not cash but is equity in the business. And that business is worth zilch." Whether the business is worth zilch is up for debate.
"closed" the portion of the business he wanted me to buy into and is refusing to honor the sweat equity agreement, stating that I had took the risk of doing business with them
He's not refusing to honour it, as I read it, he's just saying there is nothing there. So what was it you were buying into? What has he closed?

Conceivably, if he closed something that still had value (or transferred it into a different portion of the business, or otherwise hid it from you) to screw you out of your sweat equity investment, he has breached some implied duty of good faith. Or maybe you have an unjust enrichment or quantum meruit claim. I suggest you consult with a local attorney.
 
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