I'm one of the founders of a little iPad app shop in Portland. We've only been around for about six months, but we have a really, really good app in the works, and our early preview to a small group of alpha users has gotten rave reviews. However, we're starting to see some issues with one of our founders.
This guy ("Jason") and I have known each other through mutual friends for a few years, and I stupidly decided (rashly) to ask him to do a startup with me for an idea that we came up with together. I thought he was a good developer and would be a good asset; he's worked at some good companies in the past. We needed a third, so we brought on another guy ("Brian") that we both have known for a few years and trust. We've been working hard on v1 of our first app for the last few months, and we're getting closer to release.
But issues with Jason have been starting to surface. For starters, he can't really develop. At least not to the standard that's needed here. We thought we'd put him on other tasks, but he just seems to be slow to catch on with everything. This isn't just me talking; Brian agrees. What's worse is that he seems to be losing steam and doing less and less work. At this point, 95% of all the work other than the initial idea has been done by myself and Brian.
Finally, another stupid thing: we haven't setup an LLC or anything yet, and we have no written agreements. We did agree verbally to split the company equally between the three of us, but nothing is in writing or anything yet. I'm not sure I can live with giving away that much equity to someone who isn't pulling hardly any weight, let alone their share.
Bottom line: I know I screwed up here by jumping into bed with this guy before doing more due diligence. I feel bad to have dragged Brian into this and I'd really rather not walk away, but I have no idea how to work this out in a way that will work in the long run. And if we can't work it out, I'd rather just walk away than have an issue with this guy who I'll have to work with for years if this thing works out.
Have you talked to Jason about all this? What does he say? His response, his attitude, and his intentions going forward make all the difference here. If he's a nice guy that means well but just can't cut it, it might be as simple as cutting him a check for the work he's done thus far in exchange for a signed agreement divorcing him from the company. If he feels he deserves 33% equity for the crappy performance he's put in thus far, the plot thickens (and not for the better).