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Ask Ira: Advice Column
"Dear Ira" Fresh Air and Cold Water for the Perplexed Family Business v.3/08
- Do your kids want your business for nothing, but encourage you to enjoy your retirement in high style?
- Did Mom always like you best, and now your siblings aren't speaking to you, and worse, not doing what you tell them to?
- Are your family members charging their vacations to the company card?
- Are you having trouble building a board because nobody wants to give you advice they know you won't follow?
IF SO, YOU MIGHT BE SUFFERING FROM FAMILY BUSINESS SYNDROME!!
That's where this column might come in handy.
Ira Bryck, director of the UMass Amherst Family Business Center, will attempt to lend you
some perspective and a fresh outlook on your family business problems. Simply email him, your question, at bryck@contined.umass.edu
PLEASE NOTE: Your identity will not be disclosed, and Ira reserves the right to edit the question for clarity and some degree of general relevance. The UMass Amherst Family Business Center, the University of Massachusetts, Ira Bryck, and the center's sponsors, will be saved harmless from any reader's claim that their understanding or implementation of the advice in this column had an adverse effect. The column is for general informational purposes only. It is not intended as legal, accounting or psychological advice. Accordingly, readers should not act upon information in this column without seeking professional advice.
© 2002-2008 Ira Bryck - no reproduction or use without prior written consent.
Dear Dad,
So we've been doing these improvs in one of our acting classes where we have to come up with a scenario where there's a problem that can only be solved with x number of people in the room, and everyone in the room has some sort of overt relationship to each other, and everyone has one person in the room they love and one person they hate. so for the one i did yesterday we wound up being a family business, and it was an italian restaurant where the father was dying and the oldest son didn't want to take over, and the second son did but he was incompetent, and then there was the father's business partner who's not a part of the family and thinks she should run things, and i was the father's brother who had some business experience but never really was a part of the restaurant who thought i should step in and run things, at least until the younger son got a little more experience working under me and then he could take over. but the mother was just enamoured of her sons and kept saying the older son should run it even though he wasn't interested and everyone hated me and didn't notice that the business partner who wasn't in the family was trying to turn everyone against each other. ever come across that one?
Danny (your dutiful son, studying in London)
Dear Danny,
Wow, and I thought reality was complex! Luckily, you have more control over this drama than most actual family businesses, so I'd make an improv suggestion that the family win the lottery and realize they now have the opportunity to do what it is they are most interested in doing. The dying father takes a trip around the world and finds a miraculous healer in Malaysia; and his energy level hasn't been that high since the 1950's and he opens a pizza parlor in Kuala Lumpur with his devoted wife. The older son goes to visit them, and falls in love with Malaysia, so the parents decide to finally tell him he's adopted and is Malaysian, and he stays there and teaches English in the local American School. The non-family partner suggests that the second son go to culinary school, but after one semester realizes he'd love to play guitar on the corner, in front of the restaurant that is taken over by the non-family partner and you, the uncle. The two of you fall in love, and pursue your hobby of writing business plans to convert the restaurant to your dream business, which consists of many rooms, each designed as a holiday celebration, so that there's the Thanksgiving Room, Easter Room, Passover Room, Avalokitesvara’s Birthday Feast Room, Deepavali Room, Id Al Alha Room, etc. You and the non family partner get married, and make an improv suggestion that you live happily ever after.
Dad
Dear Ira,
I have been working for my father's business for 24 years. He is 83 years old does not want to quit. He recently has decided to give all 100 shares of the company to my sister. My sister and do not see eye to eye. I have decided to move on to another job, of course it is in the same line of company that my father has. Knowing that this is going to really be a bomb for him but all I have ever done is sales in this industry. I have 3 kids, 2 in still in the university and one getting married this year. How should I approach this matter when resigning? Please let me know. Thanks.
Doing What I Know
Dear Doing,
It's easier said than done to advise you to be sensitive, logical and empathic, but also determined. I don't know you or your family, so there may be no avoiding feelings of betrayal and ingratitude, or proclamations of "this town's not big enough for the two of us!" But if you can think through the reasons you cite, and get your father (and sister?) to listen (or read?) your reasoning, including you forsee a lack of chemistry in your business relationship with your sister (may you both grow and prosper, but not under the same roof) and that you have a pressing need to make a living to support your family (aka his family), so you need to get up to speed quickly, doing what you know; and that you promise to be a ethical and professional competitor, who will do no harm to family relationships; and you fully expect to remain a fully vested member of the family (work is work, and family is separate). You may also throw in "I understand if this hurts or confuses you, but I hope and trust you will realize that I am merely being realistic and finding work that is lucrative, and avoids certain conflict with my sister (I'd rather have a good family relationship with her than a bad business relationship, which will also create a bad family relationship.) If your father (or sister, or others) don't understand your thoughts and feelings on the matter, don't get mad. Just do your best to remain clear and calm. I wish you all the best in handling this delicate matter.
Ira
Dear Ira,
To cut a very long story short - my friends are involved in a family business with their elderly mother at the helm (father died some years ago). Very successful it is, but in grave danger of breaking down completely.
Mother will not allow the sons to have a say and constantly belittles them. One son has walked out (seems no hope for return). The Mother is not in communication with another of her children. She seems to think he is not being supportive to her with this issue (he does not work in the business); he doesn't want to take sides. She is quite well known for this behaviour both in business and privately. Can someone like this be reasoned with? If not, can there be damage limitation? She has no contact with grandchildren and is in danger of losing those left (she has had long periods in past of not talking to people) What is going through someone's mind when they take action like this and how can she be reassured ? How can the family at least have a reasonable relationship with her?
Watching from the Sidelines
Dear Sidelines,
There are definite personality types, but no two people are alike, so I can't recommend some instruction manual about how to best interact with your friends' mother. But if she's elderly and has gotten this far in life with her particular styles, and this is how her children and grandchildren are still reacting, I am not so naive to think there are major improvements in store. Also, not knowing if, for instance, she is talented and demanding (and her children are bailing in response to her demands) or if she is unfairly belittling capable children, also hard to referee. I will say this: if the business is very successful, why? Somebody/something is contributing to that success, and that can probably be assessed by objective outsiders. If it's the kids, they can take their marbles and go home, and maybe establish a more workable relationship with their mother once they are not business partners. If success is the result of their mother, and they can't work for her, it probably also means there's a business divorce in their future. If it's the sibling partnership, best to have the siblings meet together and decide if they can build something without their mother. This is all to say I can't know the "true story," if there ever is such a thing, from a distant perspective.
Ira
Thank you for your reply, it is very interesting to get an objective view and it is a very concise answer - it is true - the full picture is difficult to observe as everyone has their own angle on the situation. There is a lot of raking up the past, where Mother points out how much money she has given and sons think the money was earned anyway. The son who has left, I think, might be a permanent situation and the relationship will have broken down completely. Mother is also not talking to the son who does not want to take sides. The siblings are fine between themselves but the son who is not in the family business and is not being talked to would like a relationship for him and his family. How to achieve this whilst not getting dragged in to the mud slinging? Watching from the Sidelines
It takes some flexibility on all concerned to follow some rules of decorum. It could be as simple as everybody brings $100 singles, and whomever curses, blames, uses the words "always" or "never" needs to put $1 in a jar. Set a limit for the meeting, short of the time it takes to usually misbehave. This could be 3 hours, or 20 minutes- you decide. At the end of that time, end the meeting, and whoever put the least money in the jar, wins the whole jar. Ira
Dear Ira,
I have been dating this great guy for 8 years. He has 2 children - divorced - and has been living with me for 5 of those 8 years. My income is considerably more than his. He works in a family construction business for the past 11 years. His dad started the company 35 years ago and his brother joined forces about 15 years ago when the parents sent him to technical school to get a degree in construction and paid his tuition. My boyfriend was the 1st born - the family did not have the money - so he joined the air force and married shortly upon his discharge. This is the issue. He has been making $12/hr for the past 9 years and they recently raised his pay to $15/hr. He is considered VP of the company and his brother is President with dad still functioning as founder of the business and receiving weekly stipends from the company. His brother makes considerably more - $20/hr and draws a straight salary as a partner - my boyfriend is paid like an employee because they don't want his ex-wife to get her fingers into any of the company's profits. Well...years go by and nothing changes. My boyfriend refuses to rock the boat - actually feels he is getting paid ok (has low self esteem) and the brother's quality of life continues to soar. His brother's spending habits are questioned by everyone in the family - but no one addresses it. His sister-in-law does the books and many times they are paid cash instead of checks. I know what I make is considerably more than what his brother makes - and I can't afford to do anything close to what he does. My boyfriend gets treated as an employee - but works 50+ hours a week all these years - BUT NO OVERTIME! He is in the office doing the SAME job as his brother - getting jobs and doing appraisals. This situation has hurt our relationship - on my end. I continually ask him to speak up so that the quality of life we have improves. He refuses to do so and always say that things will change down the road. It has been 7 years and nothing has changed. He told me had a 401K and when I asked him the details - he had no idea. It turns out the company put $1000 into an account 6 years ago - but no contributions have been going in since then. The writing is on the wall and he won't do anything about this. It is very frustrating to me when I work hard everyday and am always looking for a way to improve our quality of life and he just accepts things the way they are. I am very resentful towards his family for allowing this to happen. Even though I love this man - reality does kick in and I don't understand why he does not speak up for the sake of our future and well-being. I can take care of myself - but I should not have to baby-sit someone else. How can I get him to face the facts about what is going on instead of him sticking his head in the sand and pretending it is not there?
Writing on the Wall
Dear WOTW,
I am continuously amazed that a large percentage of the world's economy is based on the performance of companies with this exact dilemma. The industries and dollar figures change, but the unlevel playing field is just the same. I've only heard your side of the story, and there are no doubt others, but still: There is no reason or excuse for family members to get paid less than non-family, or in any amount less than in proportion to their contribution to the bottom line. Being older, mom loving you best, you getting there first, are all lame compensation strategies. And family businesses need to be operated with more openness, less secrecy, and no deception, and most importantly, family members should not stand for unfair or unprofessional treatment. I am amazed at how many stories I've heard where people won't leave (meaning quit), believing that half a stale loaf is better than none, where they could do at least as well, even down the street in somebody else's family business. Or in a career not dictated by what you were born into. It could be that your boyfriend and his brother are each making exactly what they deserve on the open market, but at least they should be able to test that theory by putting all their cards on the table, telling nothing but the truth, doing some solid research, and not endangering the family relationships, as well as the business, with less than total professionalism. I'm sorry for your boyfriend's predicament, but like many people, they need to decide where their line in the sand is drawn. ON THE OTHER HAND: an owner of a company is not compelled to share the wealth with employees or non-owning family. A sibling who wholly owns a company and underpays a sibling is within his rights to say "this is my company, and if you want to be an owner, go open your own." However, that owner/brother might wake up one day without employees or invitations to family gatherings. Hope this helps.
Ira
Q:
I am a fourth generation leader of a private family business who is beginning to accept that I will be the last in the family line to hold this role. Neither my adult son nor daughter is interested in taking over,
though I believe both are up to the job. I am in my late 60s and would like to retire. Obviously I can sell the business, but I don’t want to lose my connection entirely, or see it go in a direction I’d be unhappy with.
What ideas do you have for keeping a hand in?
A:
Throughout 4 generations of your family business there were surely those who could not let go, who may have “semi-retired,” working only 5 days weekly, serving as board chair, second guessing successors, or enjoyed being the subject of “What would (your name here) do?” If they’d sold the company, continuing consulting or serving on the board, they would not release their hand from the steering wheel, remove their foot from the brake. Very understandable, very satisfying for you, but what did the new owners pay for? I vote to cut the cord, and make your unique mark in fresh ways! Join a think tank, becoming an industry futurist. Start a provocative educational industry newsletter, inspiring the best and brightest from all who’ll listen. Found a “20-group,” and facilitate great thinking between non-competing colleagues. Teach entrepreneurship to the offspring of your peers. And consider: you accepted a very old baton, luckily enjoying it. But what aspect of it did you most relish? Maybe focus in on that, heading off to greener pastures and sunnier sunsets.
(my answer to a reader's question, reprinted from Worth Magazine, July 06)
Dear Ira,
My husband works in a family cabinet making business with no outside employees. He is one of 6 children involved in the business begun by his parents years ago,
and the one slated to take over the business when his parents die. Both parents are in their 70's, active in the business, and still making most of the decisions. The rules and
structures once instituted by his father have been let go as the years have passed. As he considers how he will run the business, my husband needs some resources to help
him put together an accession strategies and strategies to address the lack of structure in the business. Any suggestions?
All the Family In
Dear All In,
At best, they could start with a facilitated discussion about the strengths, weaknesses, opportunities and threats facing the business in the 1,3,5,10 years ahead (aka SWOT analysis). You could find a local facilitator through your state's Small Business Development Center, or ask your local chamber or family business program). From the SWOT, you could form a strategic plan that gears your objectives and goals to the longer term mission and vision of the company. This will lend itself towards the job descriptions, performance evaluations, compensation strategies, goals for return on investment, etc., that are the proper policies for any company. Each of those items is an interlocking big step towards creating a system of doing business that will take a lot of conflict and heartache out of the mix. A more advanced step is to form a board of advisors, made up not only of family members, but also interested outside experts, ranging from some of your service providers to local owners of other companies, business faculty, or people expert in some area in which you are looking to perfect yourself (customer service, quality, internet marketing). I am continuously amazed at the number of companies that do all of this very little, and still manage to muddle through, often making small fortunes (and often making small fortunes out of large fortunes).
If your husband and his family started down this road, there would be no looking back.
Good luck,
Ira
Dear Ira,
I finished my MBA in California last year. I came back to Turkey to start in my parents' company. I grew up with my parents' company. My parents always push me to work in their company. I have been working in this company for one year and half. My parents' company produce machines for house hold companies and automotive companies but I am not interested in their business at all. I feel like, if they passed away, I cannot do anything. Currently, I am just killing my time in their business. I try to talk them but they do not want to understand why I am not interested in this business.... So I stopped talking with them about my ambitions. I am like secretary at work. I just send emails, send offers. I am not putting any efforts to my work. I do not know what I am going to do. I do not want to be nothing when I become 30. Thank you for your help and time.
Not Talking in Turkey
Dear Not Talking,
You may feel that you have no choices, and are obliged to continue on this unsatisfying path. But I urge you to consider that if this is not a win/win for you and your parents, it is everyone's loss, not just yours. Whether or not your parents can see that they have an obligation to allow you to pursue a meaningful career, whether in another company, or in an improved situation in the family business, it is incumbent on all of you to make it happen. You might consider making them a very sensitively but assertively worded ultimatum: that your long term plan is to pursue a career that is rewarding, either in or out of their company. This will not happen overnight, so discuss with them a Plan A and Plan B. Plan A would be a process of discovering what aspect of the family business might be a match for your strengths and interests, and pursue that for one year, and reassess. If at the end of one year, you are as pessimistic as now, consider Plan B, which is you pursuing other jobs, or a venture of your own. If they will not speak with you about it at all, consider that a big clue that Plan A is not likely to occur. You have no obligation to be a prisoner of your family business.
This all assumes that there is a type of work out there that would excite and interest you more, and that is something you must honestly contemplate before leaving. There are good assessment tools for this sort of reflections, among them the book "Now Discover Your Strengths" by Marcus Buckingham.
Ira
Dear Ira,
I am hoping you can help or at least point me in the right direction, as my research on the internet is yielding no progress. Let me start with some background. I don't work for a typical family business but I do work with both of my parents, they are my bosses. My father left his job and started an environmental consulting business 15 years ago, when I was 10. My father has been sole owner and president since the beginning and my mother has always been the office manager/accounting manager (most consider her to be as much in charge as my father). The business started from our family basement and now has over 15 employees and my father has started a sister company on the side. I took a lot of pride in my father and his dreams so I enjoyed helping out from the beginning by doing little things like filing and answering phones. While growing up I would work after school in the office, helping with office management and small projects and eventually during college and high school I would take time to come into the office so that my parents could take vacations together. My parents were able to leave the business because I would handle day to day operations (we are a consulting firm so managers needed little help from my father to keep their projects running). I went off to college but was very unhappy and ending up leaving to deal with some personal issues. For about a year after that I bounced around in temp jobs trying to figure out my path in life and school but keep working at my father's company when needed on a part time basis. Let me also say that at no time was I ever considered an employee of the company, my parents paid me as an office expense - all very legal with the accountant and lawyer. After a while, I moved out, finished my college degree and found a temp job that wanted to hire me full time. At the same time, the same week actually, my father asked me to come in for an interview at his company. I interviewed at both places and decided for many reasons to take a full time position with my father's company. I am very happy working for my father and for the company and although the company's field does not interest me, I do work here in an administrative management arena that does interest me greatly. I enjoy what I do. However, I don't enjoy who I work with or the attitude toward me as a family member. You see, since I started here about three years ago some of the other employees (all non family) have felt resentment toward me. They have not (to my knowledge) spoken out against me to say that I was only hired for who I am related to but they make me aware of their feelings in other ways. For example, part of my job is to contact clients who owe us money after a certain time has passed to make sure they received the invoice and to find out when we will get paid. I handle this work for all of the project managers except one. He asked me not to contact his clients but did not give a reason. He has made it clear to me in certain requests (or lack there of) that he does not trust my work nor does he agree with me working here. Financially speaking, according to our accountant and my father, I have become indispensable at work because I keep our aging down significantly and I was single handedly responsible for implementing new procedures and programs that saved us over $500,000 in the first year alone (for a $2M business that is a big chunk of change). I can honestly say that at first I expected a somewhat hostile environment; I expected to have to work extra hard to prove that I was hired on my own merit and not based on my DNA and so I approached my work with confidence. To be fair, some employees (mostly those in my generation) have changed their attitudes and have begun to see me for my abilities, not my family ties. My father does not give me special treatment: my wages are not inflated, I do not own stock, I am given my share and no more during profit sharing bonuses. Actually, to his credit, my father has made a very conscious effort to make me just another employee. However, it seems as though those who do not see me for who I am are making things worse for me at work. The comments, attitudes and behavior is getting to be a distraction and is causing me to not want to come in each day. When I attempt to speak to my father about it he tells me that I should understand how they feel. He thinks that since most of the older managers knew me when I was little that it is hard for them to accept me as an adult in the workforce but that with time they'll come around. He says I should grow a thicker skin but it seems as though some of this behavior is getting worse each day, not better. I kept a log of the behavior/comments I was getting and discussed them with my father. He spoke to the employees in question but so far he hasn't held them to any of the consequences he outlined for their behavior. I don't want to force my father to take action but I no longer feel comfortable at work. I find myself emotionally torn between my love for my family and this business and the hostile attitudes I face when I come to work each day. To make matters worse, I have discovered some financial problems that the two vice presidents are bringing upon the business. It is not anything secretive or illegal, just some things that if fixed would help us yield more profit each year. I have come up with some things that would help the company turn these financial issues around but it is hard to get my father to stick to his consequences with his employees. My father likes to run both the management (president) and be an active project manager himself, so getting him to sit down and make decisions abut the management of the business is hard to do. I guess in reality I have two issues I would like advice on. First, other than leaving this company that I have watched grow and feel such strong personal ties to, is there any way to confront the employees in question and get them to take me seriously as an employee, not as the daughter? I feel as though I have tried every approach from being passive to being aggressive, nothing seems to work. And second, if I can't affect their behavior/thoughts regarding me, is there some way to resolve this issue with my father to get him to take action on my part. I think he is afraid that if he takes action it will look like favoritism when in reality, it will be normal consequences. I don't want special treatment, I just want to feel comfortable coming to work each day.
Side note, we did have consultants come in and give us advice for the business (including having my father set up a contingency plan for retirement and setting guidelines for my role here) however, not one of their ideas has been implemented yet by my father!
Thanks in advance for any advice you can offer.
Daughter in a not so family business.
Dear Not So Family,
You have described a situation where everybody's point of view is completely understandable, yet not all are at all acceptable.
This could be a happy story except for the disregard you are receiving from what seems like a minority of your father's employees. You like your job and are succeeding in a measurable way. Your father is paying you what you have earned, and not treating the company like a safety net. You have discovered talents that are certainly transferable to many sorts of companies. You have survived a trial by fire, and earned the respect of several people who were skeptical.
Many adult children working for founding parents face exactly what you're facing, and live with scorn, jealousy and resentment. And many of those adult children don't do enough to disprove their reputation (harder to disprove in cases where it's deserved).
To cut to the chase, I would hope that you can clarify for yourself and your parents how disturbing it is to be treated badly by people who owe the business owning family more respect and diplomacy. Would these irritated workers treat any new employee like they're treating you, or are you being discriminated against because they think you are being favored? Are they so unaware of how they are creating a hostile work environment? Are they unaware of how this hostile attitude reflects on them as workers? Are they so unable to restrain themselves and act professionally?
I 'd suggest you sit down with your parents for a serious discussion of the conditions you need changed with all due haste. While it's admirable your father has not discriminated in your favor, he needs to "have your back" to ensure specific fairness to you and to protect the greater good in your company. If he will not defend his daughter from this behavior, he might not defend a non family member who will sue for a hostile work environment.
Also, it would be good if you and your parents could focus on a set of principles and policies that are necessary to sustain a professional and profitable company. If a salesman insists that you not contact his customer, he could be protecting a customer that is not paying promptly. He could be protecting himself from the due diligence that your company is entitled to perform. In an exceptional case, if that salesman would agree to comply with appropriate measures to monitor accounts receivable, you'd be achieving the desired goal. But to allow your employee (whether technically consultant, contractor, or hourly earner, no matter) to bluster his way around policy, say no.
And if there are problems caused by even Vice Presidents, work to create policies that indicate that the highest goals of the company are to increase shareholder value, eliminate waste, and become as sustainable as possible. These practices will create long term employment for all, not short term avoidance of confronting key managers.
I would suggest you have some responsibility here to grow yourself as a leader. There are various ways in which the next generation needs to "step up to the plate," either financially, managerially, or to deal with the 800 pound gorilla. If you take the gorilla by the horns, it may surprise everyone that the owner's daughter has what it takes to be the next boss. (and if not, it will make it clearer that this is not the place to come every day).
You can do all of this with a smile, and the satisfaction of knowing you have improved the company that provided for you, your family, and your employees.
Hope this helps.
Ira
From Family Business Magazine's "Ask the Experts" Column
Reprinted by permission of the publisher from Family Business Magazine, Summer 2004, www.familybusinessmagazine.com
The Niece Who's Knocking at the Door
Q: We own a manufacturing operation with about 160 employees. Dad is not active now, and I'm the person responsible. My sister runs a small branch distribution office. Her husband works out of that office as a salesperson. There are two other people in that office. We are reorganizing and plan to eliminate the two other office functions by moving them to the home office. My sister wants to hire her 23-year-old daughter, who has a two-year degree, to fill the soon-to-be-created position of office assistant. From everything I understand, this is not the right thing to do. However, my sister can't understand why. I have two sons about to exit college. My other sister has one son, now out of college, and three daughters still in school. The ex-husband of this sister used to work in our company before their divorce. We are not yet sure who else might want to join the business, but one of my sons, who will graduate with an industrial engineering degree next year, has expressed some interest. Is there a list of do1s and don1ts regarding employment of family members in a family business? I have not gotten around to documenting a family employment policy yet. I hope it is not too late. Any help along those lines would also be greatly appreciated.
A: While there is no "etched in stone, gifted from above" list of do's and don't's, many experts and wise owners suggest a set of professional policies that - while not ignoring the family relationships, set them aside- and raise the hiring bar enough so only the very fit will clear.
But blindly submitting your family to this rigor does not guarantee the family and business the health and wealth that is the implied reward.
Rather, there needs to be deep understanding and appreciation of the meaning and purpose of whatever rules and policies your family business sees fit to abide by. To deny a relative a job because she does not have a business education or prerequisite outside experience could seem biased and discriminatory if she could get a similar job in someone else's family business.
But if family members understood, through a deliberate and complete education process, that your company is a meritocracy and not an employment agency for family members; and that deserving relatives might have a leg up in landing a job, all else being equal in the hiring process (affirmative action for family, in essence), then you will attract the most talented of your family's talent pool, and maintain the morale of non family employees. By preemptively stating that your business has standards not bent for family, you may maintain the dignity of unskilled relatives, by warning them to not apply for jobs that are beyond them.
Great care must be taken to explain the wisdom of paying market wages, and separate from an owners ROI or worker's merit bonus; or family members will suffer the consequences of too little pay ("Someday this will all be yours"), equal pay ("I won't discuss that one child is more capable than another.") or too much pay ("Here's a huge allowance - I hope you love me."). Properly done, your family members will respect the rights and responsibilities of the company, which is a sacred Golden Goose that must not be slaughtered to feed gluttons.
If your family belief is "family members must be twice as good to get half the credit" it should not derive from a lack of appreciation, as much as going a bit overboard to define the work ethic required by all. If you see the benefit to make decisions that are strategic, fair, and objective, you might see the benefit of outside boards, search committees, performance evaluations, compensation policies, even if you're sure you could do it all on the fly.
The time spent to aculturate family members into the values and beliefs that will help sustain the business is a valuable investment that will increase profits and respect, and protect against heartache and red ink.
Ira Bryck
This "Dear Ira" Q&A is reprinted from Family Business Magazine, which offers our readers the special discounted rate of $57 (new subscribers only—not for subscription renewals.) This special pricing (regularly $95 per year) is a value-added benefit of our newsletter and/or center membership. See www.familybusinessmagazine.com for more info, or call (800) 637-4464, Ext. 6072. YOU NEED TO MENTION YOU WERE REFERRED BY THE UMass Amherst Family Business Center TO RECEIVE THIS SPECIAL PRICING!
Dear Ira,
My father was born in 1925, and started a restaurant in 1954. He died in 1976. He attained sales of $600,000. He left me, my younger brother, and my mom equal stock. I was accepted to college to study biology, but ended up staying to run the store. I saw excellent potential. At the time my half sister was a manager who worked 15 hrs a week, and was paid a big salary. My mom was great with customers but had no clue about the food, and costs. My sister just sat at the bar and partied with the boyfriend of the week. I learned every position until I knew I was the best. I worked 60 hrs a week cookiing, bartended, hosting, serving and so on for over eight years. My grandmother was paid $30,000; my sister $30,000 my mom $100,000, plus all on insurance. My brother graduated high school in 1990, then moved to the west coast
to attend the community college. He started calling me very late, talking gibberish. At this time I already had a very small home that I owned, and was engaged. Sales were over $950,000. He was involved in drugs, so I flew to L.A., rented a car, and made him come home with me. Rehab and so on. My sister would have me cook on a nightly basis, very late, for her and her flavor of the day; and after they drank all night. Shortly after, my brother started working in the office with my mom, grandma and 2 office women. My mom paid him what I make after 7 years of work, for doing nothing. I learned all my fathers baking and cooking skills. I could run our ovens alone on a Saturday night. He never learned these skills then
- and still doesn't know - or ever ran our ovens on any day, much less a weekend night. He never worked for the company. I took us to $1.7 million, catering corporate meals, schools etc. Ten years ago I opened a carryout delivery store, which I set up, staffed and designed. When we opened we did $600,000 out of a 1500 sq ft old gas station. Six years after - against my wife's feelings - I agreed to open another with him, though sales were drastically slipping at the first carryout (down to about $420,000, plus costs were horrible). He never worked or rarely spoke with his employees. We had an agreement he would run the small stores, I would keep running our golden goose. Then he said he was going to be a millionaire with these carryout delivery joints. I cook all the sauces, bake all the bread and ship it - on my payroll - to his
stores, with a van that I have to pay upkeep, gas, etc. His costs are still horrible, and he always has an excuse. While I annually exceeded revenue, lowered costs, he and my mom were MIA for years. While I never made more than $12,000 from both his stores combined, I had to split my profits with a partner I never saw. My mom always said he is my equal. I would have to give raises to my mom behind his back for years, he forbade my single mom to make more money after 1996. Every 6 months he would invade my office to add up how much more my family's health insurance compared to his single policy. (In 1998 I had a child, and in 2001, another). He would cut himself a check, or buy a 60,000 truck, which by the way he sunk in a river when it was two months old, and filed a $46,000 claim. He announced that he is shutting down our first carryout store. He fired our bookkeeper that would police the 2 smaller stores that I cook for; she would always reimburse immediately invoices that were owed to our main store. Now its like pulling teeth with him. One year after 9/11 we lost $10,000 a month in revenue. I immediately told my mother how worried I am, she blew me off, thinking I was over-excited. All she cared about was her house in N. Scottsdale, and my brother's purebred dog in training. Now here we are in in the kitchen again, hands on catering, cooking etc. My mom and brother paired up to oversee the front of the house and the office-payroll; a complete joke. They don't know how to book a buffet party, and never check the reservation book or schedule. My brother has been working on our bar. He fired a gal that worked for us for 10 years, and is now proud to be stocking Spotted Cow beer and Sammy Hagar tequila. I hired an attorney, and asked to be bought for a very low price any way they want to set it up. They know they can't run it without me, and don't even want to try. My mom raised my bro $900.00 a month, and cut off my gas write-offs. My brother is nowhere to be seen, and I'm threatened daily with wage reductions or being fired if I don't work to their expectations. With a 6 year old and a 2 year old, and no buy sell, I'm dealing with non-sane people. I went to a bank to get a loan to carry us through our decrease in sales. The loan is justified based upon the company being positive approx. $500.00 a mo. With all my family costs, added back. But still avoiding the situation. My brother built a new house. Mom doesn't want to deal with this. I offered to buy my brother out for the same deal, he and my mom laughed. What do I do?
My Momma M.I.A.
Dear MMM
From your telling of this tale, you are very hard working and talented, and full of both devotion and resentment to your mother
and brother, who (according to your perspective) contribute nothing, are destructive, demoralizing, disrespectful, and know
that they could never create or sustain what you have built, but are confident that they can get you to keep the gravy train
moving right along. So the ball is really in your court. You have somewhat examined the options of selling your share,
or buying theirs. They don't see the reason to buy or sell the cow, as they are getting the milk for free. What are your other
possibilities? You could walk away, and start something new without them. I would recommend having your speech memorized,
on how you've given them all you've had to give, but no more. You could try to get them to sign on to many policies dictating
more professionalism and ethics- from your narration, I can't see it succeeding. You could convince them to quit the business,
remain stockholders, and define what sort of distributions will be paid, based on the performance of the business. They would still
be a drag on the business, but not actively.
It is very possible that their side of the story looks very different from yours. In their letter, they'd be hard working angels,
and you'd be incompetent and ill-intentioned. If you don't know their side of the story, it might be helpful to hear them out,
in front of a talented mediator. In the best of circumstances, a mediator could help you all arrive at what is know as a
BATNA (Best Alternative to a Negotiated Agreement). If you all go into a mediation session agreeing to abide by the results,
you might discover more solutions than you now imagine.
If you can agree to a solution in principle, than good information is needed. If, for instance, there is a sale between you or to an outsider,
you need to agree to bring in the best qualified, objective appraiser, and a good commercial realtor, to handle the transaction at arm's length
from any of you. If you agree to pay them as stockholders, with them out of active management, get a great accountant to do your books and
clearly explain to them how their slices of pie were measured.
I wish you all the best of luck- and if there is some way to fix or dissolve your business relationship, good luck in keeping
the best possible family ties.
Ira
Dear Ira,
I do hope this note finds you to be well.
A year ago I was hired by this small company to work with another outsider to begin the process of growing the company.
The owner(an 85 year old know it all) mentioned that he wanted change to become a better run organization back then.
He even wrote a letter upon my hire motivating me to take on the responsibility. The long and short of it is that he won't
allow us to change anything, has to make all of the decisions and takes no responsibility for his actions (he hired 10 people
in 6 weeks with no business backlog to justify it because he thinks the Global Economy is about to takeoff).
This business is in Vermont and has 140 people employed.
My question - is it typical for this scenario to play out like this until he is no longer on the scene?
I appreciate your input in advance.
Regards,
The Big Company Guy in a Family Business
Dear Big Guy,
This is just one more variety of shocks to the system of the newly hired. Many times, in either family business or public company, it is much easier to hire someone to accomplish a task than it is to let them do it. Many new employees find themselves in a rut or back office, with promises made on the back burner.
You may sit down with the owner and all concerned to review what you considered your agreed upon goals, and what it will take to get there. Remind him of the cost of bringing you in, and what you left behind for this opportunity. Compare and contrast the road maps of achieving these goals, versus not, and ask him if he truly prefers to end up where he seems to be headed without the agreed upon changes.
Explain to him that you took this job for the challenge of making changes and improvements, and preventing what you both saw as the result of doing nothing. Decide together whether the terms of your hiring would be met, or not. Be prepared to leave if he is not prepared to keep you on your terms.
Is it typical? It's probably typical of this company and this man. Not of every company or everybody.
Ira
Dear Ira,
My husband joined my father's company 3 years ago and has been running it with little assistance from my father, my brother or
myself who also work in the company. I have only one sibling and neither of us is qualified to handle the financial and
administrative end of the business. Even though my husband is clearly the best employee suited to run the company, he has
been given nothing in writing that states he will make most decisions. My father wants his son to be president when he leaves
and for my husband to clear all major decisions with his brother in law. The problem is that my brother is not very understanding
of business practices or capable of making financial decisions and spends his time working in production running equipment and
avoiding management responsibilities. He is supposed to be Production Manager but my husband who is Operations Manager
does his job and my brother's job as well. My brother wants to be President despite his abilities to perform the president's roles
and responsibilities. My husband is quite uptight over the lack of acknowledgement he is given for his true roles. My brother and
father seem to be in denial over the obvious. Again, my husband wants my brother to be the president of the company because
he is his son. My husband is paid less than my brother because he is not the son. My husband puts in far more hours and
makes most decisions for the business. Our business has been around for 16 years and my brother has been a part of it the
entire time. My husband joined the business 3 years ago because my father wants to retire as soon as possible. My question is:
who should have the title as president? My father and brother think my brother should. My husband and myself think my
husband should. They are happy with my husband's performance but feel the title should be given to the true son. Another
question is: should my father complete a succession plan since he is 60 and in bad health and should he make us aware of the
contents of the succession plan? My father comments that he is going to make myself and my brother Co-Presidents with equal
ownership when he is gone. There is an extreme amount of bitterness in my husband about the situation and he may quit
someday due to lack of respect toward him. He says he will not work for and answer to my brother. The company would then be
forced to sell. Please advise as soon as possible.
Sincerely,
Loyalties Divided
Dear Loyalties
It is understandable that the founder of a company looks forward to the day that his blood relative will have that fantastic title of
president. And why not?, if that person is the most qualified person to preside over the company, accomplish its mission, is a born
leader who can persuade and motivate stakeholders and stockholders.
Many people think that magic powers come with the donning of the title, only to find the job is just a job, and not one they are
suited to, or enjoy. The Peter Principle (getting promoted to your level of incompetence, often the job where your people skills are
inadequate) is never more obvious than in the Office of the President.
I think your family needs the services of a consultant who can assess all the candidates' talents, the needs of the company, and
determine who, if anyone, has what it takes to lead the company. It is possible that their recommendations will objectively show
that there is a most qualified leader related by blood or marriage, or that there is not, requiring an outside search, or possible
sale.
In the end, wouldn't everyone in your family be happier if each of you had the job you were best suited to, making the money you
knew you earned, were respected for a job well done (rather than scorned for a job you were born into). I'm sure your husband or
your brother would be prouder of themselves, if they were objectively assessed as qualified and talented, putting to rest any
griping about who didn't deserve what.
Also, to make your children co-presidents might not be as strategic a solution as making them co-owners. There are many happy,
successful owners of companies that have no managerial power whatsoever.
Hope this helps,
Ira
FOLLOW UP FROM LOYALTIES:
Dear Ira,
You gave advice on hiring a consult in my last communications with you. I had not revealed that we have already gone that route and
ended up with a policy and handbook and $40,000 further in debt. The importance of solving our issues without adding additional debt is
imperative to the survival of our small family business. We pay high salaries to 3 family members (3 family incomes) but do not have a working
cash budget for the business. We have tried to use a budget but the money runs out before the month does. The owner will not reduce his
extravagant wages and the son takes home the pay of a production manager but does not manage. The son-in-law takes home 1/2 of what he
would if he took the same position with another company in the same industry. Problems: 1. Sales need to come up. 2.Production mistakes need
to decline to reduce the number of lost customers and revenue. 3.Owner needs to step back to give children chance to communicate. 4.The son
(Production Manager) will not communicate with brother-in-law-due to personality. (Son having extroverted personality) 5.The son makes same
mistakes repeatedly but will not change. Question: What kind of accountability systems is there for future heir to work from. His pocketbook is
barely affected and he never has to speak with a client re: mistakes made in his department. He feels no pain when revenue is lost so the
mistakes continue to happen. I am his sister who will inherit 50% of the company as well. My husband manages part of the business. The other
part is supposed to be managed by my brother who basically works with the production equipment because he can't manage. So his department
goes unmanaged. It is infuriating when my husband and myself must lose out on commission because of these mistakes. My father who can no
longer manage the business due to health issues stands up for his son and does not make him change his work style. Hiring someone to do the
job as production manager is financially unattainable. I spend hours everyday feeling ill over what is taking place. My husband and myself have
other job offers that would reduce our stress. But if we were to take those job offers the business would go under hurting my parents and my
brother's family.
Please help,
Loyalties
Dear Loyalties,
There are "accountability systems" but I predict they will sit on the same shelf as the policy and handbook you paid dearly for.
And there are assorted solutions, each with pros and cons:
1) Split the company. Most companies are comprised of several component businesses, including a production business, delivery business,
sales business, administration business, and so on. And then there are companies that decide that some aspects of their business are not their
core competency, for instance L.L. Bean is not in the delivery business. They contract with delivery companies, who know how to be efficient and
profitable, letting L.L. Bean do what they do best. You might consider the benefit of taking your 50% and running a separate division, leaving your
brother to run a production company with his 50%. Each of them can be president of their separate company, and do business with one another if
it is in their best interest. If the brother proves to be as incapable as you claim, your husband can do business with anyone he chooses. In the
best case, they will both have their cake, and can eat together.
2) Create an office of the president, comprised of your husband and brother that is separate from their operational job titles and roles. Each of
them should have detailed job descriptions, along with measures of success that can be evaluated periodically, with specific goals and action
steps to lead to those goals. It would be good if each of them recognized what their job isn't, to end the supposed protection of your brother's rear
by your husband. What might hurt the business in the short run (your brother's job getting done very poorly) might shine some vital light on a
problem that can be solved for long term good. 3) You and your husband leave, taking other jobs, or starting another company. Many people
stick around in losing situations for that 50% pot at the end of the rainbow. Though completely understandable, you will only get your hands on
that pot after a sale (which could happen too late, for too little), or a buy out. Would your brother and father buy you out? If not, when you left,
would you still own the 50%, so if the company were sold later on, you'd get the cash? You can have these discussions between you and your
husband, exploring the various roads you might travel, without betraying your father and brother. If you decide on a Plan A or B, you can explain
to them that you love them as family, but cannot continue in this business situation and feel good about how you spend most of your waking
hours. Be ready to act on your proposal (which they might call a threat), but also be ready for them to be shocked into a more realistic discussion
when they see how unhappy you are.
There is no one right answer. I would suggest, however, that most people try to see themselves as reasonable, moderate, and correct. It's
unlikely that your father and brother will ever see themselves as acting unfairly, performing incompetently, etc, even if they suspect in their heart
of hearts or mind of minds.
Hope this helps.
Ira
YET MORE FOLLOWUP
Dear Ira,
Things have changed since I last wrote you. Your advice was helpful. My brother has been removed from his position as production manager because he could not do the job. He is very bitter. He is now vice president with the same pay as before. A production supervisor has been hired to do his job. My brother can do technical set up on equipment but is training the new hire to take that over. My father, with much coaxing from my husband and myself, has decided the company is better off to pay him but keep him out of way of harming the company and losing more customers. My husband runs the company and is about to launch a new area of profit for the business. I am in sales and help make management decisions--currently on maternity leave. My father's role is: looking at the company checkbook a few days a week and sometimes taking care of accounts payable. He knows he can't sell the business because it has far too much debt to income ratio. He takes a huge amount of money from the business to support his and my mother's extravagant buying habits. My husband as general manager, makes half of the amount the market demands which is equal to what my brother is paid. My husband and I realize the company can not afford to pay him more right now. My question is this: my father is discussing a buyout plan to release him from bailing the company out. He wants to keep the ownership between my brother and I equal. What are your thoughts on this? I feel that my husband may also deserve ownership in the company. I have witnessed the lack of communication my brother has with my husband and know they will come to an impasse repeatedly. My brother does not get involved in most business decisions because he does not understand nor have the ability to understand. ( I do feel for him but these are the facts) When he does get involved it is pride driven. For example: he is afraid someone in the company will look more important than him. This keeps him sitting at his desk (feeling important) reading up on sports for hours.
How can I own 50/50 with a brother that despises my husband, doesn't pull his weight and would never agree to my husband getting paid more than him.
Do my husband and I want to own this company if it is economically controlled by my father.
My father has promised us a succession plan in writing for 2 years but has not followed through. He repeatedly changes his verbal plans.
How do my husband and I protect the financial security of our family at the same time be fair to my father.
My husband and I have no collateral and much credit card debt--limiting us to buy out options.
Thank you for your wisdom Ira,
Loyal but Stressed
Dear Loyal,
I have more questions than answers. Your answers are more helpful than mine, in getting you and your husband to do what is best.
What are everyone's goals? Are they in conflict with one another, or can most of them be achieved for mutual satisfaction?
How would you feel about buying into this company if you had no history, and were not family? What is the costs and benefits of being family?
Are you staying in the business to keep your family relationships intact? Is that the best or only way to accomplish this?
Do the numbers show that this business is viable and profitable, or at least could be in a "most likely case" scenario?
Could your brother be happy and productive elsewhere, or is the company a nest he is not capable of flying out of, if he so chooses?
If you could look 5 or 10 years in the future, would you prefer to see yourself in a totally different situation? What do you have to do today and very soon to make this happen?
There is a good reason why most businesses fail, and most of those failures (like most businesses) are family owned and operated. Many that don't fail are kept artificially alive on the life support system known as throwing good money after bad. Ask yourself the tough questions to determine if this is your situation, and if that is a life you want to live (maybe it is!!).
Best of luck.Ira
Hello Ira,
I have been reading your advice column, and was impressed with some of your suggestions. I hope you can help, as my
situation is a bit different than the ones I had read.
My husband and I have been together going on four years, but were only recently married about six months ago. He is one of
four boys raised by a single mom. I should mention he is a twin as well. A little over a year ago, he had started his own
company. This company requires about $30k tools, work vehicle, etc. During this time, I helped him financially, so he was
able to save more money for the business. I have quite a bit of clerical/human resources experience, so I worked out the
paperwork and payroll, got him licensed and bonded, helped with setting up an accountant. It is a small business that is
building up, and eventually will be very successful.
His other three brothers have little-by-little gotten into the same line of work over the past few years. They teased and made
fun of him for buying these tools, and for not going out to party like most mid-twenties guys. When he finally got all that he
needed to start the business in full swing, they all three wanted a piece of his business, for nothing. A little background on his
brothers is that they have all been in trouble with the law, have had serious drug problems and do not agree with running a
legitimate business (paying taxes, etc.). There were many arguments on running this business legitimately. His mother has
said numerous times that she would like to stay home from her very well paying job to "run their business". She has said that
she wants to be sure all four of her boys are treated equally in the business. She has forgotten that this is my husband's
business, and that he alone has sacrificed for it. She had told him that he should put the business in her name, so that it's
protected, in case of a divorce.
My husband had tried to draw up business proposals to give his brothers different routes of earning their way into the
business, but none liked that idea. Finally his twin brother had agreed that he would work with my husband to earn a place in
the business. He has been doing so well, and I am happy about this possible partnership. At this point, my husband still owns
100% stock in the corporation, but eventually plans to share a portion with his twin brother to begin with (He will keep majority
though). The other two brothers would still like to be part of this business, and my husband feels obligated, as they are his
brothers. He realizes that they are not very hard workers and do not have a lot of motivation for the business, but this
"obligation" drives deep in the family. One of these brothers does not even have a junior high education, and the other
doesn't have a high school education.
Now that his brothers are getting involved at all, my husband doesn't share anything about the business with me. I know they
would prefer that, as they look at me as the "wife with too many morals". He only asks for my assistance when he can't figure
the computer out. He recently said that he may have his mom help with the paperwork eventually, if she loses her job. This
upsets me, as now that his family is so involved, it has pushed me to the outside. My concern is in the future. I am worried
because this business is hard on his body as long as he is laboring it as well as running it. He is in pain every day when he
comes home. With so many people involved in the start, he will have to do the labor for many more years before being able
to set back and run it. I am worried that if something were to happen to him, his family would not have any support towards
me and any future children, and he doesn't understand the legalities involved in partnerships. My husband has not spoken to
an attorney,
I do not want to control his business, but feel I have earned a right to be included in it, even in a small way. He has told me he
trusts me to do the work, but yet his brothers don't like the idea now that they are getting involved. I am concerned with the
fact that all but his twin brother do not see eye to eye with him on how to run a business, and the fact that they manipulate him
to feel sorry for them, so they can have something for nothing. I want to know that he is thinking of protection in the future for
our family as well. How can I get him to think about the future of "our" family, instead of all his siblings. I'm afraid this will end
our marriage before it really ever begins.
Sincerely,
Hopeless
Dear Hopeless,
From your telling of the situation, it sounds similar to that classic tale wherein your husband is the one who built his house out
of bricks. But in that family, the obligation was to protect the family from a hostile outside force. Your fear is a twist on the story:
what happens to the house once the siblings are given access.
You state very clearly the conflict you face, wondering if your in-laws have the good intentions and talent to build the
company, reputably and legally, to feed all those extra mouths, and acknowledge - in word and deed- your husband's and
your contribution to the careful foundation building you both have done. For you to be too outwardly suspicious and
angry is to force your husband to take sides against his brothers and mother. Aside from that ugliness, you wonder
if you'd win that contest.
So you must be clever. You must figure out what are the best chess moves, and how to sell your husband on the wisdom of
those moves. How can you get your husband to buy in to the idea that the company must be run according to sound policies
and principles, and that the ways in which people abide by those policies and principles must be specific and measurable?
You must be able to clearly sell the benefits of making this company a meritocracy, so that only the talented, hardworking, well
intentioned will prosper. Stock in the company will only be bought with hard earned cash, not given away based on blood ties.
The price of that stock will be determined by an objective expert appraiser. There will be well moderated discussions on what
it takes to make a partnership succeed, and under what terms it will be dismantled. The dissolution of the partnership will not
be catastrophic, because the partners have funded buy sell agreements. Salaries will be determined based not on financial
needs, but on each person's contribution to the bottom line, informed by good research into appropriate salary ranges.
No stealing. Treat the business like the precious golden goose it is. And so on. (Pigs, geese-- whatever helps people not act
like animals.)
It would be very fortunate if you could get your husband's attention through his respect for your thinking, rather than a threat
about your marital satisfaction. But certainly you are entitled to express your concerns about his unquestioning loyalty to his
brothers and mother, at the expense of the company's health, and the future of your relationship and possible future children.
Whatever pressure or guilt he feels to be ultra loyal to his family of origin can be handled by sensible business practices. For
any brother or mother to question his loyalty, they would have to be able to explain why they are entitled to what they have not
earned. Your husband would have an easier time separating business from family once he has built his business policies out
of bricks, not straw.
Hope this helps.
Ira Bryck
Dear Ira,
I have been working for the past 22 years at our family business, which was primarily owned by my father and now is primarily
owned by my 2 brothers and I. (my non-working sister has a small minority share as well.) My father has retained 10% of the
stock, but 100% of the vote. He has grown the business from under 1 million in revenue to over 500 million. Under his
leadership the business thrived and was very profitable.
My older brother has assumed the leadership of the company for the last several years. As owner managers, my brothers
and I are fairly compensated. In my opinion none of the three of us is overworked or works incredible hours. All of us have
the vast majority of our wealth invested in our company.
But we are losing money. Each of the past several years, we have seen our equity decrease as our earnings have
disappeared. When suggestions are made to my brother, he dismisses them as a diversion from his plan.
My father is still somewhat involved in the business and disagrees with my brother on almost everything, but allows him to
continue to do things his way.
There is no buy sell agreement, so selling doesn't seem to be an option.
To further exacerbate matters, my brother, also unhappy with the financial results is constantly looking for ways to divert
company revenues to himself. So far he has been unsuccessful, but only because my father forced him to allow the other
owners to participate in a leasing company which will lease equipment to our floundering business. If we don't participate we
miss out on a temporarily guaranteed 25% return. If we do participate, we need to inject cash into this leasing company
whose lease rates will damage the viability of our diminishing golden goose.
While I generally love my role at the company, I find myself spending much of my time unwinding schemes. I would gladly
step down if we were willing to allow someone proven and competent to run this business. As it is, I see millions of dollars
disappear on an annual basis. Our competitors are kicking our butts. It is not just a case of a floundering industry.
How can we become accountable?
At board meetings my brother paints a rosy picture by focusing on operational details while glossing over the financials. My
parents refuse to confront reality. When I confront them with it, I get little or no response. When I confront my brother with it,
he makes it known that he does not intend on working a 50 hour week and that he has a family he needs to attend to. While I
respect his desire to raise his children, I believe he has accepted the responsibility for the company's success and that may
mean fifty hour weeks. In his mind, the least he is entitled to is the CEO job where he hires someone to run the business and
they report to him while he pulls the strings.
In my opinion, it is no longer a business run for an individual, as it was when my father owned 100% of the stock. It is now a
business run for the stockholders and the CEO must succeed or be replaced.
Owning 0% of the vote and couching my language in much less dramatic rhetoric, my voice is lost in the din of paternal wishful
thinking.
In the mean time, as our assets get older they are wearing out without being replaced. Our banks are satisfied because they
are being paid out of depreciation. But our equity is going down a little bit every year.
Cornered.
Dear Cornered,
You not only sign your letter "Cornered" but you emphasize just how cornered with a period. You need to remove
the punctuation, and think differently.
There are several kinds of power in a family business. You do not have the power of controlling the checkbook,
and you do not have the power to lord it over your father and brothers.
But you do have the power of the squeaky wheel style shareholder, who insists that plans make sense,
that CEO's account for their actions, and that everyone stays focussed on the task at hand: increasing shareholder value.
It is my guess that by not listening to you, your family members hope you will eventually get tired and
stop complaining. And since you feel you have no authority, your arguing must be as tiresome to you as it is to them.
But re-evaluate your chess game. If you got a lot better at asking the right questions, i.e. "How do you think your plan
is on target to increase business and a sensible return on investment?" "What exactly do you see as the parts of my
suggestion that do not accomplish the goals of this company and its owners?" "How is this company going to stay
profitable and sustainable if our assets are wearing out?" "What is the job of a CEO if not to steer the
company to profitability?" "How does it serve the long term interests of this company and its owners to
cannabalize itself with overpayments for leased equipment?" you would find your family cannot escape
a discussion with you on the proper issues.
You do not have the authority as the highest executive of the company, but if you assume the authority
of the most concerned stockholder, you will find all the officers of the company have an obligation to answer to you.
These questions should be "strategic questions," not veiled criticism. They should aim to help, not wound.
Do not let up. Do it with confidence, integrity, and having done your homework. And do it with love. Stop focussing on the power
you don't have, and start using the power you do have.
You may win converts, or you may receive an offer to sell your stock. Either solution may suit you.
Best of luck in becoming uncornered.
Ira Bryck
Dear Ira,
I'm so glad I found you! Very difficult situation when my son married his girlfriend of ten years, who all
through those years was very possessive. Son has l6 year old daughter from first marriage, who always
has been close to her dad, but as of late daughter is intimidated by her stepmom and does not want to be
in her company. Same feeling with the rest of our family. Son's wife is a counselor at a middle school and
is convincing our son he should estrange himself from getting together socially with his sister and family
and his father and me. Getting to the business situation: our son is 43 and worked in company for 20+
years before and after college. He has recently put pressure on us to gift company stock and has told us
for the years he has worked in company it's unheard of that he doesn't have a share (we think it is his
wife's idea). His wife comes into company and never greets my husband and basically ignores our
existence. Many hurt feeling in past, but I recently called and asked to meet and try to resolve issues. I've
been turned down and my son tells me if I truly care about him, I should let things be at this time.
However, as close as we always have been and the fact that we are soon retiring, I'm uncomfortable with
selling to him with a wife that is possessive and controlling. His wife hasn't even made an attempt to reach
out to his daughter. The last thing my son said to me is if he has to make a choice, it will have to be his
wife. I asked why there has to be a choice. Again, he is a good son that his wife has helped through some
difficult times, as he did have a gambling problem, but has been recovered from that for five years and has
been running our business with our appreciation and support. I hope I haven't gotten off the track for you
to help me. Basically my question, with all the family difficulty intertwined, is are we taking a big chance if
we sell to son with all that I have explained. At this point, I don't see a light at the end of our tunnel. Hope
you can help.
On the Outs
Dear Outs,
As I've said before, and any advice columnist should repeat repeatedly: there are more sides to the story than there
are characters involved; so it's pretty impossible to say who is right and who wrong.
Add to this that your letter is the mother in law's side of the story that often is sent by daughters in law (see below for many
examples). I'm sure you and your daughter in law each have a long list of reasons why to be angry and unforgiving.
And what does it gain you to win that battle, and lose the war over your son and his family? I would advise making a fierce determination
to make a list of all the good your daughter in law has done, and focus on that.
Then make a list of all the reasons your son is the most likely successor of the family business. If you think he can successfully grow the business,
eventually buying it from you so you can afford to retire (if you gift the whole thing, what will you live on?), and draft a strong document that outlines
the conditions of the sale, and can feel that the likelihood is as good that this buyer will make the payments as well as a non-son buyer, grin and bear it.
It seems like your son's wife either has a strong dislike for your family, or feels threatened. To threaten her more will not likely win her over. I'd
suggest small doses of kindness and appreciation, to allow her to let down her defenses. Your granddaughter might pick the certain occasions
where she can see her father and his wife for manageable pleasant occasions. You and your husband might also see them in short bursts, parting
company before the tension builds (if things usually goes downhill after 3 hours, leave after 2).
Do not make your son choose between his wife and his parents. There is no win in that at all. Time to be strategic, patient, and generous,
using honey instead of vinegar. If there is any chance of success in this, do what is needed to improve your odds.
Good luck.
Ira
Dear Ira,
Approximately 8 years ago my husband was asked by his father if he wanted to come and work for him
at his Insurance Agency. He had built the Agency from the ground up and it brought in very good money,
around $600,000 in profits per year. At that time my husband was a Claims Adjuster for another insurance
agency and made around $26,000 with a company car. His dad offered him $24,000 with no company car and asked
him to take an Aptitude test. When the results of the aptitude test came back, his dad said that it probably wouldn't work out
but that they could give it a shot. My husband declined stating that we could not afford to do it at the time.
About 1 year later, my husband's father asked my husband's younger brother to come and work at the agency.
He received a bit more than he was currently making and also received a company car and did not have to
take any aptitude test. About 1 year ago in August, my husband's father and brother approached him and asked him
if he wanted to come and work at the agency. The lady who ran their dental department was retiring. They agreed on a
salary and a company car but could not agree on ownership. My husband told them that at some point he wanted
ownership in the company. They left it at that and nothing was put in writing. There have been multiple occasion
in the past year in which my husband has told his brother and father that he wanted ownership and they blew him off.
His brother has been slated to purchase the family business. His father however has promised him on several
occasions that he would make sure that he had some ownership. About 2 weeks ago my husband and
his brother met over dinner. Basically his brother told him that he and his dad had a contract (that they signed 8 months
after my husband starting working at the agency) that states that his brother would purchase the Agency 2 years from the date of the contract for the amount of $2M to be paid out to his dad over 15 years. No mention of my husband
anywhere. My husband's brother told him that he would not be selling any of the Agency to him but that if he worked hard
and became invaluable to the agency in time he might sell him some of the Agency based on his Book of Client's.
My husband is hurt and angry more so at his dad than anything but trying to put emotion aside and
figure out whether to stay and work hard to try to earn some ownership or move on somewhere else. He is meeting
with his brother soon and would like to know what questions to ask, what to get in writing,
how to approach getting what he wants out of this working situation. Thanks!
Disagreed
Dear Disagreed
Again an example of the most classic situation to this column: the daughter in law making the case
for her sincere, eager husband who's parent(s) started a company, and are acting in bad faith about promises
(real or imagined; written or implied); setting siblings up in win/lose struggles, and destroying family relationships
in order to not have awkward conversations about the family business. I am stunned how often
this drama is enacted in family businesses worldwide. And so beginning after the answer to this letter,
I am making a new policy for this column, which is: Please read the questions and answers already posted,
where a close variation of your scenario is answered repeatedly.
This will not only give you practical direction, but hopefully some solace: You Are Not Alone! But as far as what
questions the husband in this case should ask the brother in the upcoming sit-down:
1) Will you be completely honest and direct with me in this conversation, even if it hurts my feelings,
makes me extremely upset about my family, and maybe cause me to not enter the business?
(if answer is not a believable yes, my advice is to end the conversation, not enter the business,
and state that you will try to maintain good family relationships in spite of the deceit and secretiveness to this point)
2) Do you -and/or our father- think I am not competent to succeed in this business, and is that the reason
I have not been dealt with honestly till now?
(if answer is an honest yes, or a dishonest no, follow advice from question 1)
3) If I come into this business, into a position that we agree fits my potential and interest, and succeed
according to specific, measurable goals that we both agree appraise my success or failure, will I be able
to buy into this company and be compensated according to arms length appraisals of company value
and market driven levels of compensation?
(if answer is not "absolutely", follow advice from question 1)
4) Is there a reason I should come into this company, rather than begin something on my own, maybe
competing with this company in a fair and professional way?
(if you do not hear anything sincere, thoughtful, loving, realistic, professional in this reply, and still
decide to enter the business, don't blame me- I warned you)
I wish you and your husband the best of luck- and hope you give this the thought to make the right decision,
despite what you are hearing from your family, or from me. Please choose what will provide the most self respect,
personal satisfaction, and reaching the goal, even if the path is rocky.
Ira Bryck
Dear Ira,
My husband helped his father start a family consulting firm thirteen years
ago. He was eighteen. His father was unemployed and his mother quit her job
to move the family at her husband's request. He has a history of poor
decision making. My husband has shouldered the responsibility for this
business for thirteen years. Through college, he wrote reports for clients
and tried to make sense of his father's jumbled finances. He continued to do
this while living eight hours away but flew back and forth once a week. He
has pushed to company to grow and change.
His father has a gambling problem which is controlled only because my
husband and mother-in-law give him limited access to money. His father
mismanages projects and we lose money consistently because he doesn't
believe in contracts, billable hours or specifying what services we will
deliver (i.e. reports, resources, drawings). He just wants to be the
clients' "buddy." He believes we are persecuting him and these problems are
not his fault. He has refused to change his business practices. Recently,
he has simply stopped working. He plays computer games or just reads in the
office.
We moved to shore up the business and keep a closer eye on his dad. We live
with his uncle and all of our things have been in storage for over a year.
My husband urges me to just wait it out until his dad retires in five years,
and then we can do whatever we want with the company. I don't believe his
father will just "retire". His parents have threatened never to speak to us
again if we leave. And, if we left, they could never sustain the income
levels needed to keep the office open or pay down debts. There's no money
to hire our replacements. So, we'd be the reason they lost their jobs,
house, etc., and we'd have a 40% share of the office debt in addition to
our own. They believe we are the problem because we won't change to suit
his dad, and accommodate his artistic temperament. And yet, my husband
doesn't want to give up the company.
I know it will be bad if we go, but doesn't it sound worse to stay? I want
to do the right thing, but I'd like to have a family too (not just this
family business). Thanks for your help.
Tired of Family
Dear Tired,
I am reminded of the Woody Allen story : "Doctor, my wife is crazy- she thinks she's a chicken!" "Then why don't you
bring her to a psychiatrist?" "Because I need the eggs!"
But you are not alone. As I told "Hanging in There" (next letter down), there is a pattern emerging in these letters,
to the extent that you'd think no family businesses differ from the competent, suffering child who is building the
company, which in turn overcompensates the non-functioning founder. If only people looked at this column
(not even my answers-- even just the complaints!) before they agreed to come in and save the day!!
My advice to you and your husband is to figure out what needs to be done to ensure that the company will be
run professionally, with policies, guiding principles, consequences, so that there are no abused employees, family or not,
and ownership does not guarantee a free ride. Even an owner has obligations to the company: to be a good steward,
to increase shareholder value. And even if he/she is the only shareholder, increase stakeholder value-- stakeholders
including employees, customers, community).
It may seem too late to close the barn doors, but consider what ultimatum you might make: "We all need to go back
in the barn, close the doors, and figure out how to make this a win/win, or we're leaving the company. If that happens, we still
consider ourselves your loving family. We hope you can see that, and don't conclude that by not accepting this
unsatisfying situation we are rejecting you as our family."
And if they can't make the distinction, it's your decision whether to continue on this course. Nobody can make you a
doormat without your permission.
Ira Bryck
Dear Ira,
I found your website and found it fascinating reading. I hope that you can help with some concerns.
Where to start....
About 5 years ago, my father and a retired wealthy friend of his met an inventor
with an idea. They decided to form a company where my dad and his friend
invested money and the inventor was supposed to be the main operator
of the company. My dad's friend was supposed to be the president part time
and oversee the company.
The inventor and my dad's friends (the president) were the 2 employees of
the company and I consulted on the side to them. After a few months, I left
my good job in Public Accounting to be the CFO because there was more work
than I could do on the side. The pay was very below market (but then I was
only expected to work 1/2 time and could consult the other 1/2 time). The
consulting work paid the bills and the work at the company gave me a great
equity position in the company. Things looked great then.
Over time, we hired a sales manager who is not a family member but treated
pretty well considering his overall lackluster sales performance. In
addition, we hired (by no choice of anyone's) the president's son to manage
some sales as well. Upon hiring the son and the sales manager, everything
that went wrong became the fault of the inventor (regardless of who actually
screwed up). Of course, the president and the presidents son could do no
wrong. For example, the president's sons markets are well below forecast,
but the president can make every excuse as to why his markets are doing well
regardless of what the numbers show. The president can make every excuse to
my dad as to why the company has not turned a profit. There is always hope
on the horizon to the president. I am not so sure. In addition, the
president himself is much less qualified than one could ever imagine someone
who made so much money in a prior venture could be. However, he does not
realize this. In his mind he is the king of deal. Finally, both him and
his son can say whatever they want to anyone without any consequences. We
have a board of directors, which I am on, but it seems worthless to try to
exercise some kind of action.
In addition, the president began to work less and less, but wants to be
involved in every decision. So now, its impossilbe to make a decision
because the president is on the golf course. Of course very important
decisions are constantly delayed (and our possible merger was ruined)
because of these delays. All this while my work load has increased to the
point where I can't work part time and do the CFO function. However, my pay
did not increase when my full time status came into play. Nor have I gotten
any raises. The excuse generally is that the company is still not cash flow
positive, which I can understand. However, now I feel like I bet on the
equity in the company and now the promise of equity does not seem too
promising and the pay is terrible. I feel like I am being used here.
All this is building up to the point where I am really not happy in this
business anymore. I really don't think there is potential in this business
anymore. If there is, I can't afford to stick it out to find out what the
pot of gold is at the end of the rainbow. My father puts a lot of pressure
on me to stay. He has about $500,000 invested and believes that something
has to turn.
How do I make things better?
Thanks,
Hanging in There
Dear Hanging,
I notice certain recurring themes in all these letters, and one more is that the afflicted family business
member asks what can be done to remedy a situation that has gotten so uncomfortably out of hand that
they can't stand it anymore, and must leave to stop the string of broken promises, investment going down
the tubes, misbehavior and poor performance (of others), and excusing of that misbehavior and poor performance (of others).
The two part problem is often (1) how to I fix it? and (2) why bother, if I'm leaving?
So in your case, too... if you've had enough, will you bother fixing? In describing the problem, you seem
cognizant of what must be done.
But it's all Monday morning quarterbacking. Unless you stay and can somehow persuade others to do
what is required; and then enjoy the fruits of your labors.
Those labors are: questioning what has been done, why it was done, and making everyone understand
why it must be undone, as follows:
- What was the return on investment for the investors?
- What in a business plan led them to believe they could achieve that return?
- What was in it for the inventor? What did he/she actually own?
- What was the job description and continuing role of the inventor? Why would poor sales reflect on him, making him the scapegoat?
- Why was your father's friend made the president? What did he bring to the table?
- What were the expectations, terms, measures of success for all involved? How were those factors derived?
- What equity position was promised you? Was it described in a legally binding agreement?
- How was it determined that the company needed the specific people it brought in as sales manager and other salespeople?
- What was the feedback mechanism to evaluate performance, and determine continued employment?
- What strength does the board of directors have to stem the bleeding, replace management, make major decisions?
- How big is the pot of gold, and how does one get their hands on it in a way that is good both for the company and its shareholders?
- How is that pot of gold protected from those who should not have access?
- How do you get everyone to sit down and discuss all these questions?
I wish you all the best, and strength to do what will make you proud, resolved, and fruitful.
Ira
Dear Ira,
I discovered the UMass site today and found much useful information. Thank you!
Here's my question:
I am married to a man who works for his father's business. My husband is 40 and has worked for his dad since he got
out of school. His older brother has never worked for the family business, except as a computer consultant. Brother has
been laid off and is considering joining the family business. This part is fine -- everyone agrees that B is a hard worker
with solid skills who will be an asset to the place.
However, in deciding whether or not to take this option, B discovered that his dad has never incorporated the business
and has very little in place in the way of succession planning. We had all assumed that my husband would inherit the
business, but it turns out that the business is left half to my husband and half to his wife, saying he wanted to "provide
for her." She is over 70 and even if she wanted to be actively involved in the business, her health would not permit it.
All of this has become more urgent as my father-in-law has been diagnosed with cancer. From where I sit, he needs to
consult a good accountant and lawyer to devise a succession plan that cares for his wife without making her his sons'
boss, and keeps the IRS out of everyone's pockets. My own father is a business consultant and former commercial
lender, and would be willing to offer his services for free based on the family connection. So far, my father-in-law is not
willing to listen to any suggestion that touches on the possibility of a) him dying or b) him ceasing to run the company.
Do you have any thoughts on strategies for convincing a business owner to attend to these issues? We recognize that
it's his business and he can do what he wants with it, but what he says he wants doesn't match what he's actually got
down on paper.
Leading Them to Water
Dear Leading,
There are many parts to this puzzle, and yet the picture formed is very familiar. You're in the good company of many a
company in transition.
There are some pieces that you don't bring up as problems, for instance: you don't state if your brother in law is OK not
being named as an inheritor of any part of the business; or whether your husband and brother in law can work well
together, or whether there is enough business to support another family member (or whether it can be grown to that point).
But your two questions are:
Q: Should your father try harder to be heard with his professional advice?
A: I'd be surprised if your father's advice could be seen as impartial. Perhaps he could recommend a couple of arm's
length colleagues of his, who- even if they charge- might be seen as more authoritative, not being family.
Q: How to convince a business owner to face death, or worse: not working anymore.
A: Though a loving intervention. If your husband and brother in law can come to a common understanding of how to
achieve their many goals: business success, a healthy working relationship, professional policies towards ownership,
compensation, etc; plus a realistic look at elder law and elder care issues, they can sit down with your parents and spell
out for them what they need to happen in terms of parents having all the appropriate conversations, plans, legal
documents. (I'd suggest they also sit down with your father's referral, for a "walk through" of the process your father in law might face).
In discussion with your parents in law, the sons should make it clear that their priorities are business success, proper tax planning, the
satisfaction, comfort and security of their parents, a legacy based on good strategy, foresight, and facing facts.
Will this go well? Who knows? But this is the preparation that will increase your odds of people doing the right thing.
Ira
Reprinted from Family Business Magazine Case Study Column (Spring 2003)
My family suffers from what you might call a "Pritzker Problem." Like the Pritzker family of Chicago, my brother and I inherited a
family business years ago and built it into a major company. Now we're both in our early 70s and thinking about succession.
Each of us has four children, virtually all of whom are actively involved in the company. Some of our grandchildren are involved,
too. Among our eight children the only exceptions, for obvious reasons, are my brother's two youngest children, who are still
teenagers in high school. They are children of my brother's second marriage, and age-wise they're a generation younger than
their half-siblings and my children. In fact, they're younger than some of our grandchildren. Here's the problem: My brother
wants to treat all eight of our children equally in terms of passing on our equity. He feels it's a slap in the face to treat them as
"second-class siblings." I feel they should be treated as members of the third generation, which effectively is what they are,
both in terms of their ages and contributions to the company. Who's right? And how can we resolve this disagreement without
breaking up the business, as the Pritzkers were forced to do?
Answer from Ira Bryck:
There are no "right answers" to many family business challenges, proven by that this column asks for feedback from several
"experts," all sporting a point of view. The question that needs to be answered, always and in your case, is "what solution is
most professional, in line with the values and visions of the owners, helps sustain the company's success, and takes into
account the need to increase shareholder value?"
So faced with similar circumstances, one business family might see breaking up as the only out, while a twin business might be
fine spreading ownership among many relatives, according to age, merit, risk tolerance, love of the game, or whatever factors
are deemed most important by the current leaders, family traditions, and so on.
It may be helpful for you and your brother to begin a facilitated discussion to help clarify your values and priorities, and
brainstorm every conceivable possibility for continuing into the next generation. As the conversation progresses, develop a
score sheet where all solutions can be evaluated by how well they achieve your objectives, which may or may not include
fairness, inclusivity, strictly business meritocracy, cashing out "other" family members.
The highly scored factors should be used to establish policies about family members' involvement in the company; and be wise
and timeless, as opposed to impromtu and reactive to the current conditions. You can sharpen your policies by taking a look at
how other companies have handled comparable scenarios, using your policies to measure how well those families met your
value-based criteria.
You can then present all of this to your family members at a facilitated retreat (where you are sure to hear a variety of
reactions), explaining that while there are "different strokes for different folks," you have come up with the best possible,
customized solution for your family.
Nothing is perfect, but this is sure to fit better than something off the rack.
Ira Bryck
Dear Ira:
I'm sure my dilemma is nothing new, since as you state, seven family members in a business will have eight different perspectives of reality, but here goes. Reality is not a big deal in California, but I think I might be honest to my own detriment.
I have worked in the "family business" for twenty years. I am the youngest of five children, none of whom was ever interested or otherwise promoted to management level, except for me. I was put in charge of Dad's Southern California operation, and he lived in Arizona, managing his operation there, and a third operation in Northern California. My father is an angry tyrant, who bullied customers, secretaries, suppliers, and production workers into submission. Ocassionaly, I was his victim, but not too often. He depended on me for quite a lot. And he depends on alcohol quite a bit, too.
My father has had one calamity after another in the last few years. One company went bankrupt. Partnerships ended in flames. A "Malice, Fraud and Oppression" verdict finally clinched his fate: he had to sell his prize crown company to his competitor in order to payoff the MFO judgement. I stood by his side, trying to keep my finger in the dike. The Southern California operation was the one business left standing. My husband and I were convinced that the company had the potential to be turned around, if we could only buy him out. It seemed like a good idea at the time, because the company was going south quickly, and needed to be rescued.
My father came to the office every day, full of rage, embittered by the failures of his business career. My husband and I approached him, and said that we would like to buy the business. He said ok, and then proceeded to extract an appraisal that was ludicrous from a business valuation hack. Our sales at the time were $900,000, and annual profit about 1-2%. The deal was a stock redemption, secured by the assets of the company, which were less than $500,000. The contract is several inches thick, and contains an absurd debt-to-equity ratio requirement that we failed to comply with on day one of the agreement and into infinity. The terms of repayment were fairly reasonable, considering the enormous valuation of $1.7 million. We pay interest only at a decent rate for fifteen years, but it's still a ton of money, and it's inhibiting our ability to fund growth and even sometimes seasonally just plain survival is threatened. We have a second to die life insurance policy that would partially fund the balloon payment. He told us at the signing that the note amounts were high, just so that he could receive a level of income that would be satisfactory, but that we could pay my sisters whatever we wanted with the life insurance benefit. He does not expect to outlive the note term.
So, we got the business. We have owned it for four years. Our sales are more than $4.0 million. Our profit is more than 4.0%. We have the same CPA as Dad. This year, I noticed that in our financials, an old footnote read: The debt-equity ratio has been waived for FY 2000. I pointed it out to the CPA, and he asked me if it had been waived this year. I said, No, not to me. So, the CPA wrote in his opinion letter that we might not be a "going concern" because the ratio was not waived, and the seller might foreclose on the assets. My husband and I flipped out. We pleaded with the CPA to change it. He refused. We toyed with the idea of not giving the statement to Dad. But that would really steam him up! We decided that we would certainly get a response from Dad, and maybe we would have an opportunity to gird our loins and attempt to negotiate a better price.
We have now a mean old letter from the old man's attorney, threatening foreclosure, unless we let him run the show. Needless to say, if he runs the show, the company will go under and our four years of effort will go down the drain. One recommended advisor told us to appease the old you know what for a few years, and basically convey the assets and customers to a new entity and screw him. We don't want to do that.
Our attorney attempted to get our CPA to redo his sloppy mess, and he has refused. Our atty recommends that we get a new CPA to do an accurate statement, excluding the seller financing from the debt equity ratio, and keep the new statement for evidence in any possible foreclosure proceeding. He thinks we should appease a little bit and have a friendly meeting, but gradually wean Dad off of meeting with us. I think we should follow the attorney's advice, but bring along two buy-sell alternatives to Pop: He can buy us out in cash, or we will agree to buy him out in cash, but at a more reasonable price tag that will bank "financeable." What pray tell do you think, Ira?
From the Land of Fruit and Nuts
Dear From the Land,
While I appreciate your concern with the issues of treating your father fairly, I can't see where you have been dealt a fair hand (as always, assuming that there is another side of the story with all sorts of different facts and figures, perspective, thoughts and feelings). Whether personal or business, relationships and transactions need a certain amount of good faith. If you were sold a business that you have more than quadrupled, and still cannot make the payments, and the seller (father or not) is chomping at the bit to come back in on a default on impossible terms, something is seriously amiss.
Furthermore, I cannot imagine what good is served by you still using your father's accountant, who seems to have more loyalty to him than to you. In the end, any CPA has the same master: the IRS and Generally Accepted Accounting Principles. But how about advisors who can help you watch your back? If I was in your situation, I'd be shopping for a new CPA tomorrow.
I agree with the concept of weaning away from meeting with your father- from your telling, he is no supporter. Whether or not you have the stomach or ethical flexibility to move the assets into a new corporation, you have to admit that you are playing poker with someone who tries to win at any cost.
While you may be very good at the business, and love every waking minute of building it up, your success is based on what you get to keep. You are still working for your father. If he wants to buy it back under similarly oppressive terms, you'd get to keep much more.
I wish you lots of luck in your dealings with your, but I caution you to be well represented in the negotiations by someone who has no vested interest in being loved by him.
Sincerely,
Ira Bryck
Thank you very much for your response, and for the follow up. We have hired a new accountant, as of yesterday, and he assured us that he would not, under any circumstances, represent my father. One clarification, which only makes the situation worse: We have been able to make all of our payments, in full, to my father on a timely basis. And he is still trying to foreclose. I called a BK lawyer this morning, who I will consult with tomorrow. He asked how much our arrearage (sp?) with the father amounts to, and the answer is $0.00! Our accounts payable is running about net 60 days, and our creditors are not too rough on us. But we're out of cash, personally, to put into the thing....We have a couple of very important opportunities, and think that one new customer could be a potential buyer of the company. But you are so right, that we should be trying to keep what we can and move on if we can. I'll keep you posted about the resolution. Believe me, we are going to find an ethical solution that doesn't jeopardize our faith, which is our primary treasure.
Dear Ira,
My parents seem to think nothing unusual about the fact that their sons were not included in the family business.
How can I make them understand the connection between "family legacy" and business? They seem to believe that the business has no bearing on the family, that it is this "other entity". Are they right?
Left Out
Dear Left Out,
I think they are not right or wrong. There are many factors that go into a decision to include or not include family members, and
become multigenerational. There is no one thing called "family business," just like there is no one configuration called
"snowflake."
A few of the questions your parents might ask themselves are:
- Do we have a company that can support more family members?
- Do we enjoy working as a couple in a way that becoming multigenerational might disrupt?
- Are our children talented in a way that will make them successful and satisfied in our business?
- Do they get along with that "all for one; one for all" attitude that is so rare and so vital to siblings in business?
- Do we want to continue the company, thereby deciding to not sell it, and cash out?
- If we did pass on the company, would we have something else to do with our time; assuming our children would one day want their turn at the wheel?
- Is the idea of having a family business a turn-on or a turn-off?
After spending much of my life in business with my parents, and getting a pretty up-close look at many others, I would conclude
that the main reason to work with family members is that you enjoy their company and are greater than the sum of the parts. If
this is not the case, I'd ask myself if this is the best place to spend most of my waking life.
Hope this helps.
Ira
Dear Ira:
My Father and brother started a small business while I was away in the AirForce. During the first 6 or 8 months of the
company, I had gotten out of the AirForce and had married while living in the UP of Michigan.
My father died and my Mother (president) and brother asked me to come work for them. So in 1988 I began working for the
company. (Lets call this "company 1") Company 1 was a very small company with 3 or 4 employees and of course my Mother,
brother and I.
I earned about $300 per week at this time.
The company was having problems keeping the machines running. Because of the nature of the machinery, they require a
knowledgeable person to repair them. Over the course of about 5 years I became very good at fixing these machines and was
solely responsible for the proper maintenance and repair. I was involved in almost every aspect of the company with the
exception of the financial end. The company grew from a 5000 square foot facility into 10,000 square feet during this time and
we needed even more space.
At, or around 1993, my brother approached me and asked if I was willing to
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