Questions Answered by Neil Klingshirn

Q: Hello I am helping my friend out with his single member LLC and we want to add me as a member. What steps would we tak

1 Answer | Asked in Business Formation, Business Law and Contracts for Ohio on
Answered on Jan 27, 2019
Neil Klingshirn's answer
First, you and your friend should each consult your own attorney. Becoming a member of a limited liability company is economically similar to becoming a partner in a business. You will have rights and responsibilities with respect to your friend and should know what they are and whether you are prepared for them. Not understanding that is a great way to end up with a business partner who is no longer your friend.

In addition, you should agree now on how to exit the business when the...

Q: Can a company keep your vested amounts in a nonqualified deferred compensation plan after seperation?

1 Answer | Asked in Employment Law for Ohio on
Answered on Jan 13, 2019
Neil Klingshirn's answer
Anybody can do anything they want, but there may be consequences. The better question is whether you can recover your vested deferred compensation if your employer wants to keep it for itself.

If the deferred compensation program is covered by ERISA, you have a remedy under Section 510 of ERISA. That remedy lets you file suit in federal court and recover your attorneys' fees if you prevail. If the plan is not covered by ERISA, then state contract laws probably give you a remedy. You...

Q: Should i Bring a sexual Discrimination lawsuit against my employer?

1 Answer | Asked in Employment Law, Civil Litigation, Employment Discrimination and Sexual Harassment for Ohio on
Answered on Jan 13, 2019
Neil Klingshirn's answer
Every case is different, so the best course is to get advice specific to your situation. That said, as a general rule you should evaluate the strength of the evidence for your claim, the amount of damages you could recover and the costs you will incur to recover those damages.

Here, your claim is that gender discrimination is blocking your advancement to a better position. The manager's statement is direct evidence of that discrimination. You can testify that he said it, as can any of...

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