AboutRonald J. Cappuccio, J.D., LL.M.(Tax) Expertise I have extensive experience in negotiating emerging business contracts and agreements, joint ventures, limited laibility company buy-sell agreements and buying and selling businesses. My approach is from a legal, tax and business prospective gearing my negotiations to practical solutions rather than merely drafting impractical documents
Experience I have have been an attorney since 1976 emphasizing business and tax law issues. I am an adjunct law professor in negotiation and alternative dispute resolution.
Organizations American Bar Associtiation
New Jersey State Bar Association
Camden County Bar Association
Question QUESTION: I have a verbal contract with a business owner that requires a 50% distribution of the profit from one of our customers, to each of us. Transportation moves that charge x amount of dollars, with a margin of profit added. He is now willing to provide me with the numbers, so I have no way of verifying my share or total dollars to figure my share. How can I get that info ? Subpeona ? And how should I proceed with this issue to insure I get the monies I was promised in the verbal agreement. He acknowledges agreement, but claims all monies have been distributed as given by the agreeement. YET, will not turn over the info for my review. Can I go to the customer for that info or is that a no-no ? Appreciate any advice you can give me please. Thanks !
ANSWER: Al:
First, you should sit down with the owner and explain your understanding of the deal. If he refuses, you will need some help from an attorney.
Remember, try to be nice first before you make any threats. By hiring an attorney, you do not have to be the "bad guy."
QUESTION: Ron, should I attempt to get the information ( Total business dollars ) from the Customer and then take the owner to small claims court ? The owner is unwilling to give me the actual revenue information. I don't have the funds to hire an attorney at this time. Any other advice you can give me ? Thanks in advance !
Answer Al:
If you do not have the funds to hire an attorney, instead of small claims court, contact your state department of labor. Most states allow you to make a claim and there is an administrative hearing. Usually, the business has to prove hat it paid you the proper amount. This is typically free, fast and pro- employee.
