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Maybe this is a silly question, but credit for being "employee #1" seems to matter a lot. So if I'm the CEO, and the idea was originally mine, but I'm launching the start-up with my CTO, and we've both committed simultaneously, and we're 50/50 partners economically, am I employee #1 and he's #2? Or are we BOTH #1? Is there a convention here?

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Whom does it matter "a lot" to? This is the LAST thing you should concern yourself with. Who really cares? If that is anywhere on the top 100 things to discuss or worry about then I'd say the venture is doomed. – TimJ Mar 11 '11 at 6:57
"This is a silly question." FTFY – Epaga Mar 11 '11 at 14:24
Who won the coin toss? – JeffO Mar 11 '11 at 15:20
+1 for a great question – Frank Mar 11 '11 at 22:58
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Best answer would be "Who gives a f***" but that would be rude to write. – the dictator Mar 12 '11 at 11:19
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6 Answers

You're obsessing on the wrong things.

I would say employee #1 is the first guy you jointly hire to join your company.

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Yeah, you guys are cofounders. Employee #1 is the first person you hire. Also, are you seriously worrying about this? – Michael Pryor Mar 10 '11 at 23:25
Hey, I'm just glad I can ask my dumb questions in this forum instead of in front of people whose opinion of me I care about (no offense). I don't know start-up lingo, but I do know something about managing people, and I'll tell you that if you get this stuff wrong at the beginning, they never forget. – user8510 Mar 11 '11 at 3:42
Legally idiotic answer. In most jurisdictions the foudners are alwo employees because this is waht the government demands if they work for the startup. Taxes, social security etc. – NetTecture Mar 11 '11 at 14:43
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I don't think anyone is disputing the founders are actual employees from a simple legal standpoint. As I read the question the OP was obsessing about honorific titles that have little or nothing to do with "legalities". – Brian Karas Mar 11 '11 at 15:26

An approach that tech folks can appreciate: make your CTO employee #0, and you be employee #1.

But as other posters have noted, you're both "co-founders".

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You two are founders, the first moron you hire is employee #1.

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+100 awesome response. – the dictator Mar 12 '11 at 10:32

I prefer "WE are employee #1".

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"Who has the biggest?" "Who was there first?"

The answer is simple. If two people founded the company, each one of them is a "co-founder" and there is no single Uber-Founder.

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Apart from personal fame, what are you trying to achieve? I would be more interested in pleasing my co-founder than the general public. I'm a co-founder and the CEO, if the CTO wanted to be #1, he's welcome, I owe him somewhat more than the faceless millions.

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