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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

to think i should be paid

50 replies

99luftballoon · 15/09/2012 21:34

My DH runs a new training business with a business partner Anyway to top it off:

I have got accreditation to teach the courses, designed and produced all of the courses, do the book keeping, answer emails, design leaflets and brochures, designed the website and organising all of the paperwork. I have not been paid for my 100's of hours of work, but I have said that I would like to be paid when the business starts to make money. (very quiet at mo, due to summer hols) DH says I have to wait until he and BP have got all of their start up costs out of the business (about £6000). I do not want to be paid for my work up until now, but would like to invoice business for £400 per month for 15 hours per week work. DH is worried BP will not like it and does not to rock the boat,

AIBU

OP posts:

HecateHarshPants · 15/09/2012 22:12

What about saying if they're not going to pay you, they have to give you shares in the business (make you a partner if they're not limited company) so that your contribution to setting up this business is properly recognised?
And for God's sake watch out for someone who will sit back while others work and then cream off the cash...

squeakytoy · 15/09/2012 22:14

I have watched many best friends fall out forever when they go into business together.

How well did your husband know the BP before they ventured into this?

Original poster

99luftballoon · 15/09/2012 22:33

He thought he knew him well. Been friends for six years. Everyone raves about him.

It is the biggest mistake we have ever made, and we have to put up with it now. Not much we can do. It is a limited company with 50/50 share.

OP posts:

solidgoldbrass · 15/09/2012 22:39

So are you a partner in the business who is going to get a share of the profits? Or are you a contractor/employee? If it's the former then this is just the way of startups: the people starting the business don't actually make any money until costs have been covered. If it's the latter then paying you should count as part of the startup costs.

Or are you just being considered as an appendage of your DH and therefore a source of free labour as you are a 'woman' and DH's 'woman' and therefore a tool that he can use in the business?

Original poster

99luftballoon · 15/09/2012 22:41

I work freelance in my other job so was just going to invoice monthly when business picks up.

Not a partner. DH and BP are 50/50

OP posts:

lovebunny · 15/09/2012 22:47

yanbu. you are being used. you are a modern day slave, bonded to the person who makes you work without payment (look it up, i've been working on this during the week!).
withdraw your labour.

ShellyBoobs · 15/09/2012 22:50

The work was not pre-agreed. I did it because I wanted to and enjoyed it

So you have done work you weren't asked to do and now want paying for it?

To be honest I can see why the BP might have a problem with this.

He may be an arse but I don't think I'd be too happy with you being paid, either, if I was him.

GoldShip · 15/09/2012 22:50

Lovebunny you don't half go overboard in topics like this. There's never a fine line is there?

JustGettingByMum · 15/09/2012 22:51

There is no reason why you can't invoice monthly, even if the invoices are not paid for 12 months. I think it's important that you do invoice for your work.

ravenAK · 15/09/2012 22:51

If BP is a mistake, then wouldn't the best thing be for you & dh to both insist on paying you?

If BP doesn't like it, a good reason to agree with him to dissolve the partnership once it's financially feasible to pay him back his initial investment...?

Original poster

99luftballoon · 15/09/2012 22:54

There is no way he leave and we cannot force him out. - the chances of making a very good profit in the next few years is high.

OP posts:

Original poster

99luftballoon · 15/09/2012 22:54

sorry about my grammar, its late :)

OP posts:

Tanith · 15/09/2012 23:20

Shellyboobs the OP has said several times that she does not want paying for that work; she just wants to invoice for future work.

schoolgovernor · 15/09/2012 23:27

Some people seem to think that because you are married to one of the 50/50 partners in this business then you should be waiting for it to make profit before you get paid. Not right in my opinion, that's the situation you'd be in if you were an equal partner in the business alongside the two of them.

You are carrying out work on a contract basis. If you didn't do it who would? Would they or would they have to employ someone? Fair enough if you've done the initial work for free, but going forward you are one of the running costs of the business. They can't run without a website, training materials etc, so they should have factored the cost of having these materials created into their business plan.

So here's the thing - if you stopped working for them tomorrow, would they be able to run their business? If not, then they need to pay you. If either partner doesn't like that then they can try managing without you can't they?
(Sounds harsh when your DP has some money sunk into the business, but if they can't sort this out at such an early stage maybe he should reconsider the whole project. Sounds like the two of you could do it very well on your own).

piprabbit · 15/09/2012 23:31

I think it is reasonable to want to get paid for the work you are doing. It sounds as though the work you are doing is essential to the success of the business, so if you weren't doing it they would need to be paying somebody else instead.

When they drew up their original plan, who/how were they planning to get courses developed, a website created, paperwork managed? Were they always assuming you would do it for free - or did they factor in the cost of a training consultant plus admin staff?

I think you should make a business case so that the BP is crystal clear about the benefit he has been getting from your services. If he still doesn't believe you should be paid, then you can choose to walk away and the business will need to bear the cost of replacing you.

solidgoldbrass · 15/09/2012 23:59

I think you need to get it clarified now what your status is within the business and I don't think you are at all unreasonable to want this discussed and formalized. Lots of people help out friends/partners in the early days of a startup with an unwritten/unspoken expectation that they will recieve favours in return or (in the case of a spouse) benefit from increased household income when the business starts to turn a profit. However, your H does not get to use you as free professional labour indefinitely; he needs to agree that you are either a co-director/partner in the business entitled to a share of profits, or you are a supplier who is entitled to send in invoices and have them paid.

mynewpassion · 16/09/2012 00:11

I think going forward, your DH and BP has to agreed to pay for your services. In the past, you volunteered as there was no contract agreed by DH or BP to pay you.

So, YABU to ask for payment for past work. YANBU in the future.

Jinsei · 16/09/2012 00:34

I think you should be paid for the work that you do, or given your own shares in the business.

Veryfrustratedandfedup · 16/09/2012 08:56

Why is the BP getting away with not pulling his weight in the business? But then getting to call the shots about you not getting paid? That doesn't seem right to me at all

JustGettingByMum · 16/09/2012 09:27

If it were me then I think I would be very tempted to encourage my DH to end this business, liquidating the company if necessary. Then start afresh in a new company with you as his business partner/2nd director.

I appreciate it will cost you cash in the short term, but will save you a great deal of cash, heartache and stress longer term.

Also, if you are the one who has produced all the courses, then by invoicing for them I think you retain the right to them until the invoices are paid, so if not paid you can take them back. Its certainly worth getting impartial legal advice on this.

Guiltypleasures001 · 16/09/2012 12:11

Hi Understand completely the bit about getting start up expenses back etc..

But the bp is getting the full benefit of the ops input and no cost to himself, unless of course he has someone on his side doing the same who also isnt getting paid, in other words he's getting a 2 for 1 deal here and isnt fair.

Op yes you entitled to reperation for your time , I have owned a couple of large business and no way would I allow the partner of a bp to go unpaid like this, even it it meant a token payment its only fair..Failing that you are issued shares in the business, without taking on any of the debt.

all the best

Original poster

99luftballoon · 16/09/2012 16:40

It is totally unfair that BP is doing nothing, but we cannot liquidate as the accreditation for the courses is tied to the company and we would need to reapply. Cost would be £3000, so it is a no-go. I said to DH that he should make sure we do no business for a few months, as this would probably force out BP, but I suppose that would be commercial suicide

OP posts:

solidgoldbrass · 16/09/2012 16:49

So is it the BP who is insisting that you work for no pay? What is his reasoning?

I think perhaps you and your H should consult a solicitor who specialises in corporate law.

Original poster

99luftballoon · 16/09/2012 17:01

He just does nothing. He says he will contact perspective customers, but everytime he does the person he needs to speak to is - off sick, on holiday, no one answers phone etc..etc..

He is just so lazy and apathetic. He says he has handed his notice in so he can commit his time to the business, but I am convinced he hasn't done it, and will come up with some excuse why he cannot leave.

I am so angry and resentful and have ended up on meds with all of the stress.

OP posts:

solidgoldbrass · 17/09/2012 10:29

OK, this is more about getting rid of this deadweight, isn't it? Try posting on the Legal topic about how to ditch him and/or consult a proper lawyer about it. Then offer him a deal; either you are cut in as an equal partner in the business, or you and H will cut him right out.

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