There is always a lot discussion about finding a co-founder, what to look for them, etc. However, what if you are a co-founder of a startup and you suddenly find yourself on the way out? If it is against your will, what do you do?
I was recently contacted by someone who was being kicked out of their startup. Obviously, there are a lot of things at play in a situation like this. First and foremost, we can be hurt, confused, angry and vindictive. Fortunately, this individual was approaching the issue very even keeled. Nonetheless it was a very difficult situation.
The startup had just received an angel round of funding and the other co-founder had recently brought in additional people. And as often happens, people began to disagree with the focus, priorities and next steps for the early stage company. These kinds of disagreements can be very beneficial as they help flesh out the key issues and opportunities that face the company and the team. However, if the co-founders aren’t working well together, it can get bad.
In this case, there was growing turmoil and a lack of trust among the team. After the proverbial ax fell, he asked me simply “What should I do?”
My advice was pretty simple. Put together a log of what happened, create a file for all paperwork relating to the creation of the company and also the amount of work and personal money that you put into the startup. Most importantly I said, don’t get emotional. You need to document everything you can from ownership, roles, responsibilities, and long term commitments.
Also, speak to a lawyer immediately. They can help you understand the legal issues that you are working with. If you do not speak to a lawyer things can get out of hand very quickly. You need a neutral third party to negotiate and settle this issue on your behalf.
As I understand it, things were settled between the two parties. They are not going to be working together, but at least they can all move on…
Now, this entire episode brings up some interesting points:
1) How to gauge potential co-founder relationships?
2) Hope for the best and plan for the worst.
3) What to do when the situation explodes?
4) How to move on…
How to gauge potential co-founder relationships?
I have seen many entrepreneurs look for a co-founder that has certain skills, connections and financial assets. However, what is often overlooked and I would argue is more important that the rest is can you trust this person? A co-founder relationship is often compared to a marriage and that is very accurate. Can you argue and completely disagree with this person and resolve issues in a way that works for both parties? Remember, you going to create something that didn’t exist before. Can you trust this person to respect your opinions and to look out for your best interest? The flip side is also important. Can you do the same for your co-founder.
If this is all sounding a bit lovey-dovey, it should. You may well spend more time with your co-founder than you do your spouse or significant other. Once the product is launched, will you and your co-founder be able to speak to each other in the morning?
Hope for the best and plan for the worst.
Have a clear agreement in writing that lays out responsibilities, expectations, ownership levels, etc. Do not let it go to chance or plan to discuss it later. A potential acquirer will not wait for the founders to work out their squabbles. Hammer out the hard stuff early and you won’t have to worry about it later when it gets really crazy. No one plans to kick out a co-founder, but it does happen. Plan for it and try to ensure that it doesn’t happen.
What to do when the situation explodes?
Take a step back and ask yourself one simple question. How do I best maximize my position in the company and still respect myself tomorrow? You have every right to fight for what is yours. However, don’t get personal and never ever think that you can completely do it on your own. Even entrepreneurs I know with a JD won’t negotiate with another lawyer. They understand that their bias and direct relationship with the problem can hamper their ability to resolve the matter. Bring in an outside counsel that comes referred from friends and colleagues. No brainer, but make sure that the lawyer is familiar with your space.
Also, on a personal note, it is important to talk to friends and colleagues that you can trust. We all get a little too caught up in the here and now and have a hard time stepping back from our current situation to see the bigger picture. It certainly happens to me. It is important to call friends, counterparts, and even family for advice. Most of the time we simply need to take a deep breath and hear an outside opinion.
How to move on…
Start your next big thing. Get back to work and learn from your mistakes. I am sure there is another social networking site that is just waiting to started!
From the co-founder - his feedback on this posting:
I am still a little amazed that some of these law firms don’t push founders to iron out these unplanned situations and include them in the founding documents. It would have been a complete shame if one of the parties decided not to negotiate and wanted to take the situation to court or arbitration. That probably would have destroyed the company.
Founders often focus too much on the business plan of the company and let the external “experts” handle the legal transactions. This doesn’t always work. For ALL aspects of a start-up, founders should ask themselves what would be the 5 worst things that could happen. The discussion that comes from these questions will first help you understand how your co-founders view difficult situations and will hopefully put everyone on the same page and set expectations for the future. This discussion alone may make you question if a long term business relationship will work out.