Page 3 of 10 FirstFirst 1 2 3 4 5 ... LastLast
Results 21 to 30 of 92
  1. #21
    Join Date
    Apr 2016
    Location
    Florida
    Posts
    46

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting Mark47n
    View Post
    This is partly informational and, as to termination, I would've fired my soon to be ex spouse who was also my employee. If you're so finished with someone that you're willing to divorce them why on earth would you continue to work with them everyday? It's not necessarily a legal strategy, it's simply a personal observation.
    Maybe I live a sheltered but I do not believe all divorces are contentious. Some people actually manage to stay civilized despite their differences and are able to communicate, yes even work together, after agreeing to go their separate ways.

    You ask why on earth would you continue to work with your soon to be ex-partner everyday. Well, I can not give you a universal answer to that question. But I can tell you that if it were me and my wife fired me because I wanted a divorce, I would certainly not be willing to finalize things amicably anymore. Probably the complete opposite. I'd be foaming at the mouth with a new purpose in life - to annihilate her in court.

  2. #22
    Join Date
    Nov 2013
    Posts
    6,932

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting AsAmDivorce20
    View Post
    We are getting divorced. Our business, while completely under her name, was founded during our marriage and had a lot of my mother's money invested to start it. Thus, it is a marital asset regardless of whose name is on it and will be subject to equitable distribution in the divorce matter. In order to maintain status quo, we have been advised that I should not quit nor should she fire me until the divorce is finalized. As a family business, I do not have any contracts signed governing the terms of my employment..
    I have been looking at this post with the divorce in mind. And not the issue of can wife fire OP or should OP quit his job. I don't see any change in the outcome of a divorce order in NJ either way. I don't see the logic to what OP has said he has been advised. The facts will not change.

    The medical practice was established during the marriage. OP's mother provided the seed money and we don't know if it was in the form of a loan (to OP), a gift, or other agreement.

    What, if anything would change if he was fired or he quiet. That is the question that has been ignored. Instead, the responses are about his wife owning the practice, and that he can't have ownership in the practice. Fine. What does that have to do with the divorce?

    Quote Quoting Taxing Matters
    View Post
    That's not technically correct. The OP said that the business is a S-corp 100% owned by his wife (which means a LLC or corporation that has elected to be taxed as a S-corporation). Thus, she is the sole owner. He does not own any part of the business. Since he lives in NJ, an equitable division state, what he likely has in the event of a divorce is a marital interest in the business. A marital interest is not the same thing as ownership. His marital interest may lead the court to award him actual ownership in the LLC or corporation in the divorce, though.
    Not in NJ. A review of NJ case law shows that a value is placed on the medical practice by the court on the date the complaint for divorce is recorded . It's not about ownership. That value is subject to equitable distribution.

    If he quits or is fired, he becomes unemployed. The court will take his earning potential into account in the issues of alimony and child support if the wife makes more income than OP. But that doesn't change equitable distribution.

  3. #23
    Join Date
    Jul 2010
    Posts
    7,924

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting budwad
    View Post
    Instead, the responses are about his wife owning the practice, that he can't have ownership in the practice. Fine. What does that have to do with the divorce?
    I went back and the first person to bring up the ownership issue was you. It just kinda went on little side quest from there.
    I am the Mouse Man

  4. #24
    Join Date
    Oct 2014
    Posts
    8,023

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting budwad
    View Post
    Not in NJ. A review of NJ case law shows that a value is placed on the medical practice by the court on the date the complaint for divorce is recorded . It's not about ownership. That value is subject to equitable distribution.
    And that is not different than what I said. As part of the court;'s powers in equity it can award a spouse actual ownership of the business in the divorce. Now, of course, in this particular case that may not happen if the OP is not legally able to be an owner of the business because its a medical practice and he's not a doctor. And even when it is possible a court may prefer to order the one spouse pay the other cash for the marital interest rather than awarding a direct ownership interest (and indeed in my experience that is the more common outcome). It does not change that the court has the power to order it, and I draft my partnership/corporate shareholder agreements for clients with that very issue in mind. My point was a general one about the distinction between ownership and marital interest. A marital interest is not itself ownership.

    Quote Quoting budwad
    View Post
    If he quits or is fired, he becomes unemployed. The court will take his earning potential into account in the issues of alimony and child support if the wife makes more income than OP. But that doesn't change equitable distribution.
    I agree that's the likely impact, and said as much earlier.

  5. #25

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    I hope everyone's been safe. Here's an update on this situation.

    So we were on furlough because of the current pandemic and the business was shut down for two weeks. Our next mediation was scheduled for after those two weeks during which time no changes were to be made until the situation was properly mediated. I find out that during that time, she had already terminated my employment against said agreements citing COVID-19-related loss of business. She then filed for PPP loan listing herself as the only employee so that she can claim she kept everyone employed during that time so that her loan could be forgiven. This has to be some kind of specifically illegal fraud that she is committing for filing under these circumstances.

    She then had the nerve to ask for my help to smooth the transition. No severance or compensation of any kind was offered. Also, I am now completely cut off from any informational access pertaining to the marital asset which she will now try to fraudulently devalue in order to keep more of it for herself.

    In any case, the issue of should I stay or go at this job which I felt morally compelled to suffer through in order to honor NJ's code of marital status quo is now a moot and closed point. She took advantage of a pandemic crippling our nation, our economy, and pretty much the entire world to get her way in a matrimonial matter. And so, the drama continues....

  6. #26
    Join Date
    Nov 2013
    Posts
    6,932

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting AsAmDivorce20
    View Post
    I hope everyone's been safe. Here's an update on this situation.

    So we were on furlough because of the current pandemic and the business was shut down for two weeks. Our next mediation was scheduled for after those two weeks during which time no changes were to be made until the situation was properly mediated. I find out that during that time, she had already terminated my employment against said agreements citing COVID-19-related loss of business. She then filed for PPP loan listing herself as the only employee so that she can claim she kept everyone employed during that time so that her loan could be forgiven. This has to be some kind of specifically illegal fraud that she is committing for filing under these circumstances.

    She then had the nerve to ask for my help to smooth the transition. No severance or compensation of any kind was offered. Also, I am now completely cut off from any informational access pertaining to the marital asset which she will now try to fraudulently devalue in order to keep more of it for herself.

    In any case, the issue of should I stay or go at this job which I felt morally compelled to suffer through in order to honor NJ's code of marital status quo is now a moot and closed point. She took advantage of a pandemic crippling our nation, our economy, and pretty much the entire world to get her way in a matrimonial matter. And so, the drama continues....
    The first thing you need to do (if you haven't yet) is to apply for UI benefits. Whether you are eligible for state benefits or not or you will be covered by PUA (from the CARES ACT), you will receive benefits eventually retroactive to the date of your termination. https://myunemployment.nj.gov/ NJ unemployment still doesn't have their act together on the PUA benefits.

    I'm on furlough and filed a claim on 4/1/20. They first determine your eligibility for state benefits and if you are not (I am not because I am self-employed) then then make you eligible for PUA. They keep sending emails saying they are working on it. But no money.

    There is nothing illegal about her applying for a PPP loan with only her being the only employee if you were terminated before she applied for the loan. Self-employed persons can apply for the loans. The issue for her will be if the loan or a part of the loan will be forgiven when the time comes.

    I qualified for a PPP loan of $13,333 but I would get $600 per week under PUA for 36 weeks. It's a no brainer.

  7. #27
    Join Date
    Mar 2012
    Posts
    1,358

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting budwad
    View Post
    I would get $600 per week under PUA for 36 weeks.
    No.

    You'll get a benefit of no less than 50% of your state's average weekly unemployment benefit because it's modelled on DUA for up to 36 weeks PLUS an additional $600/wk but only through July 31. While it may be a no brainer now, things might change come Aug. Also, you have no idea what a state's "reopening" might do your status as a claimant.

    Unfortunately, to make the best decision, you'd need a crystal ball that works.

  8. #28
    Join Date
    Nov 2013
    Posts
    6,932

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting chyvan
    View Post
    No.

    You'll get a benefit of no less than 50% of your state's average weekly unemployment benefit because it's modelled on DUA for up to 36 weeks PLUS an additional $600/wk but only through July 31. While it may be a no brainer now, things might change come Aug. Also, you have no idea what a state's "reopening" might do your status as a claimant.

    Unfortunately, to make the best decision, you'd need a crystal ball that works.
    Thanks for the info. I don't know much about unemployment benefits since I have been self-employed for 45 years. It's rather confusing and if you email NJDOL you get back a form response that doesn't explain anything.

    So far I filed a claim on the day I got furloughed from the company I contract with. Four days later I get an email saying my claim was approved but I am not eligible for state benefits. My account shows all $0.00 for benefits. But the email said I would be eligible for PUA once the state got the program up and running and that I need to certify each week which I have done. Then I receive an email (e-adjudicate) which is a questionnaire asking me for information about the company I worked for, salary, hours, days worked, occupation, and contact information. I fill it out and submit it. I get an email saying that it will take up to 14 days to review and to keep checking my email and snail mail. I can only assume that has to do with state benefits.

    But if I understand what you are saying; under DUA I am entitled to benefits that are no less than 50% of the state's average weekly unemployment benefit (NJ pays 60% up to $713) and an additional payment under the PUA of $600.

    Is that correct or do I have it wrong?

  9. #29
    Join Date
    Mar 2012
    Posts
    1,358

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting budwad
    View Post
    So far I filed a claim on the day I got furloughed from the company I contract with.
    I'd be screaming "misclassification" before I wasted time on PUA.

    Quote Quoting budwad
    View Post
    under DUA I am entitled to benefits that are no less than 50% of the state's average weekly unemployment benefit (NJ pays 60% up to $713) and an additional payment under the PUA of $600.

    Is that correct?
    Yes. Being on UI in a state like NJ, is a lot like winning the lottery.

  10. #30
    Join Date
    Nov 2013
    Posts
    6,932

    Default Re: Ex-Wife/Boss: Tolerate/Stay or Go

    Quote Quoting chyvan
    View Post
    I'd be screaming "misclassification" before I wasted time on PUA.
    Screaming to whom?

    1. Sponsored Links
       

Page 3 of 10 FirstFirst 1 2 3 4 5 ... LastLast

Similar Threads

  1. Unemployment Benefits: Can My Wife's Old Boss Keep Her from Getting Paid
    By R&DinVA in forum Employment and Labor
    Replies: 3
    Last Post: 04-09-2015, 01:40 PM
  2. Marriage: Can My Wife Stay in the U.S
    By Morgan1870 in forum Visas for Business, Tourism and Family
    Replies: 3
    Last Post: 04-01-2011, 11:02 AM
  3. Harassment: Wife Experienced Harassment of Now Fired Boss
    By FF254 in forum Employment and Labor
    Replies: 3
    Last Post: 08-21-2010, 09:19 PM
  4. Alienation of Affection: Case Law for Lawsuit Wife Cheated with Her Boss
    By rscrib9299 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 03-27-2009, 06:39 AM
  5. Getting Fired: Fired because I wont take my boss's wife on errands
    By Macklopeters in forum Employment and Labor
    Replies: 1
    Last Post: 06-28-2005, 11:05 PM
 
 
Sponsored Links

Legal Help, Information and Resources