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The Employee/Partner grey area.

Discussion in 'Employment' started by WishforScagWildcat, Aug 7, 2018.

  1. WishforScagWildcat

    WishforScagWildcat LawnSite Member
    from Georgia
    Messages: 222

    Hello all, it has been quite awhile since I was last on here. I once again seek assistance in a situation I have found myself in. So I (long story short) decided to join forces with a fellow landscaper in order to grow a business together. I relocated to his area and combined equipment and talent to grow one larger business. I should add he just graduated high school and I graduated last year. We were both looking for another person to expand and I was the one in the position to move. Unfortunately it’s starting to get rocky and I’m not sure if he notices it or not. We both have trucks and trailers, about the same amount of hand held equipment... he’s got the mowers and I am about to have a tractor. (I sold my mowers to get the tractor for landscaping which I wanted to do but now I rely on him for mowing.) My frustrations stem from a few things.... he decided to go ahead and create an LLC. And list me as an employee... I only make $10hr. And get $30-$40 a week for fuel. He uses all my equipment, had free storage for all his gear (until he just got a storage unit about a week ago) at my house, as well as free dumping on my property. This was ok with me when I thought we were partners but clearly not now. I’m not sure what I should demand if I want to keep working for him. I should add I do a lot of the landscape design and installs and run a Landscaping crew. He comes up with work and I figure out how to do it as well as help sell all the jobs and figure out the pricing for almost everything. What should I do? I could just leave and do my own thing but I like working with him. What would be fair for both of us? Thanks for the help!
  2. jc1

    jc1 LawnSite Silver Member
    Messages: 2,488

    If he formed an LLC and your not a member then you are an employee. It's time to move on.
  3. Greencuts518

    Greencuts518 LawnSite Fanatic
    Messages: 12,608

    His name was Han Solo and he was a legend...But any how...$10 per hr seriously...your fired. There, wasn't that easy?.
  4. OP

    WishforScagWildcat LawnSite Member
    from Georgia
    Messages: 222

    Thanks for the responses. I figured that I’d get these opinions. I’m talking to him tonight and if it is not corrected I’m leaving! Thanks guys.
    hort101 likes this.
  5. TPendagast

    TPendagast LawnSite Fanatic
    Messages: 17,635

    Yea except he’s got your stuff and customers
    Effort you put in that you’re not fairly compensated for

    1) stop the transaction for the tractor immediately
    2) consult with a lawyer
  6. Mitty87

    Mitty87 LawnSite Silver Member
    Messages: 2,516

    Do you have a business account you both have access to? Take your equipment and start your own llc and out do him, he's obviously a terrible person who probably won't last anyway. Better this happens now then 5 years down the road when he drains 100k from your business account and takes off.
  7. Charles

    Charles Moderator, Friend, Angel
    Messages: 11,804

    Yea looks like you are getting the worst end of this deal. $10 per hour is below poverty level. You got nothing to lose by going your own way. Now he has a lot to lose if you go your own way:laugh:
  8. OP

    WishforScagWildcat LawnSite Member
    from Georgia
    Messages: 222

    Thank you all for the replies. After talking to him last night he asked what it would take for me to stay, I told him I have nothing holding me here so what do you have to offer. He threw some figures but I’m not sure what would be considered fair for both. Told him id think it over. Probably will consult my friend who is a lawyer as well.
    Breezmeister and Charles like this.
  9. Mark Stark

    Mark Stark LawnSite Fanatic
    Messages: 10,761

    This is a bad situation that you've gotten yourself into. This guy took advantage of you and up to this point you've allowed it to happen.

    Make a break from this guy immediately and don't look back. Use this experience as a lesson moving forward.

    Best of luck!
  10. 13Razorbackfan

    13Razorbackfan LawnSite Silver Member
    Messages: 2,843

    He "threw you some figures"? Don't take this the wrong way but he is clearly an Alpha and he thinks your his Beta...you need to cut ties now. Ask him you want to be fairly compensated for the customers you helped acquire and see what happens but he'll probably tell you to get bent. Take your $ and decide if you want to mow or do landscaping/tree's/brush hogging etc...then decide if you want buy a tractor or mowing equipment. You already have the land and storage area it sounds like I would consider the latter but that's just me
    WishforScagWildcat likes this.

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