How to fire a co-founder

Question

I am a co-founder/CEO of a tech startup. What should I do with my co-founder partner that became so busy right after signing the equity contract with 4-yr vesting with a 1-yr cliff? Basically he worked very hard before he signed the equity contract (he owns 20%) last month but now became very passive only doing minimal work. Furthermore, he told me that because he is too busy until next March, he can't do intensive work until then. We are launching our product in the market in November and I just can't see his contribution anymore. Honestly, I want to fire him because he isn't adding any value while demotivating others. Any advice?

Answers: 2 public & 0 private

1392049185a
Other Consultant

Most probably, your cofounder thinks that he has already earned his equity till next March and therefore taking the time off. You should confront him and give him your feedback both verbally and in writing. Because you have a buffer time of 1 year, you should provide him enough opportunity to fix the situation. If after your repeated communication, he does not take corrective actions, then you can formally fire him. You may also want to consider providing him some equity, sufficient to cover his initial hard work. In return you should get a declaration signed off wherein he agrees to forgo any past or future claims on the startup equity, other than what you offer him at the time of termination.

813ad65b80
Lawyer

He is a co owner with a 20% stake. Buy him out and next time spell out what is expected of equity owners. Otherwise, if he does not have a serious misdemeanor or felony not much way. Look at state statutes to see how liberal your state is. He is not an employee at will so don't go down that road. Do you have HR policies in effect? If not, then the warning and firing is difficult. Buy him out.

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