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Minnesota Business Law Questions & Answers
0 Answers | Asked in Business Formation, Business Law, Employment Discrimination and Employment Law for Minnesota on
Q: Can an Agency owner charge their agents a monthly fee to work for their agency? Can they also w9 agents to work for

A daily amount( $225) based on an 8-5 day, the agency collects all commission sales and then 1099 the agent at the end of the year for the income they earned off of per diems. Also to note the monthly Agency fee (for me. Roughly $800 a month) was set to pay an agency that no longer exists yet I... View More

0 Answers | Asked in Business Law, Employment Discrimination and Employment Law for Minnesota on
Q: Can an Agency owner charge their agents a monthly fee to work for their agency? Can they also w9 agents to work for

A daily amount( $225) based on an 8-5 day, the agency collects all commission sales and then 1099 the agent at the end of the year for the income they earned off of per diems

1 Answer | Asked in Consumer Law, Contracts, Business Law and Libel & Slander for Minnesota on
Q: Do I have a case against hertz rental if they denied me the opportunity to respond to or just be notified what was said?

There were multiple people making false reports against me, which would be defamation since I can prove it correct?

Robert Kane
Robert Kane
answered on Jun 15, 2024

The employer has no obligation to conduct an investigation. A defamation lawsuit would be against the individuals who made the statement, not Hertz. Feel free to consult with an employment attorney.

1 Answer | Asked in Contracts, Business Law and Internet Law for Minnesota on
Q: I signed a contract for web and AI services, and emailed to cancel less than 24 hrs later--no luck so far

The company (located in NY) initiated the sales call, after regular hours here in MN, high-pressure sales/FOMO, and I was talked into signing a contract (3/27/24 at 8:20pm CDT) and paying the first month's fee of $499. Great-sounding contract with 60-day, 10 new patient referral guarantee. I... View More

James L. Arrasmith
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answered on Apr 6, 2024

Based on the information you've provided, here are some steps you can take to resolve this situation:

1. Review the contract: Carefully read the contract you signed to see if there are any clauses related to cancellation, refunds, or a cooling-off period.

2. Send a formal...
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Q: I am having a problem with McDonald's. Evidently I failed the background check, but they refuse explain or give reason.

Can anyone tell me, are my MN state rights being violated and stuff? Are there any lawyers that can help? Am I able to sue?

I'm sure there is more explanation I can give regarding all this, but please someone help me get some of this figured out.

Robert Kane
Robert Kane
answered on Nov 20, 2023

I believe you are entitled to a copy of the background check, but they are not obligated to identify what specific information was used in denying your employment. I do not handle these types of cases, but some law firms do. Contact employment law firms directly.

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2 Answers | Asked in Business Law, Civil Litigation and Consumer Law for Minnesota on
Q: if a website posted something for the wrong price and I buy it before they fix it they have to sell it to me right ?
T. Augustus Claus
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answered on Nov 9, 2023

In general, yes, if a website posts something for the wrong price and you buy it before they fix it, they have to sell it to you at that price. This is because the posting of the price constitutes an offer to sell the item at that price, and your purchase of the item is an acceptance of that offer.... View More

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1 Answer | Asked in Business Law, Gov & Administrative Law and Municipal Law for Minnesota on
Q: If a city does not have specific regulations on a business, does it default to the county regulations?

My city does not regulate bowling alleys under their ordinances, but the county does. Does that mean that the county regulations apply to bowling alleys within my city, or that no regulations apply?

EDIT: My city is Inver Grove Heights, MN and the county is Dakota. The county regulations... View More

Robert Kane
Robert Kane
answered on Oct 23, 2023

State and federal rules and regulations apply to businesses, including bowling alleys. Then counties and cities may pass their own laws as long as they don't conflict with the State or Federal rules and regulations. There are no bowling alleys that are open for business that are unregulated.... View More

1 Answer | Asked in Business Law for Minnesota on
Q: A company that does concrete work evidently changed its entity LLC business name before being sued.

I sued the new entity as its the same work and business as whatever the old one was. They’re saying I filed against the wrong business but the owner is the same guy. Do I still have a case if he changed the entity and the work done was under the old one? I don’t know the old entity. Only the... View More

John Michael Frick
John Michael Frick
answered on Oct 9, 2023

Formal business entities like corporations and limited liability companies are separate and distinct individual entities. The fact that they have a common owner does not change that. It’s like saying you should be legally responsible for something your brother did because you have the same... View More

1 Answer | Asked in Business Law for Minnesota on
Q: Is it legal for my boss to buy furniture then sand the companies name off and put his name on it and sell it as his own?
Robert Kane
Robert Kane
answered on Sep 16, 2023

It would be wrong for your boss to buy furniture then sand the companies name off and put his name on it and sell it as his own. This would be quite easy to identify. Is there something you are leaving out?

1 Answer | Asked in Health Care Law and Business Law for Minnesota on
Q: Minnesota business. Newly Healthcare based LLC. Nurse owned. Can my LLC accept donations? Or would this be unethical?
Robert Kane
Robert Kane
answered on Aug 30, 2023

I don't know if it would be unethical, but it would be illegal if not done properly. An attorney can explore this option for you. Rogue charities make the front page news.

Charitable Solicitation Act, Minnesota Statutes sections 309.50-.61, governs the activities of charitable...
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1 Answer | Asked in Consumer Law, Business Law and Collections for Minnesota on
Q: Do I have to give the customer a refund?

To explain simply, I recently started a family business with my family. We do this full-time, we are a logistics transportation company. We don’t have any official written documents that we give customers to sign or anything like that. But to ensure that we’re properly compensated, we take half... View More

Robert Kane
Robert Kane
answered on Aug 18, 2023

I don't know how a judge would rule in a civil lawsuit. I don't know if you have done anything illegal, but your post does raise some questions. I am not sure what services you promised. How does traffic become an issue in a 1,800 mile trip? How can they simply refuse service? It seems... View More

1 Answer | Asked in Business Formation, Business Law, Intellectual Property and Trademark for Minnesota on
Q: Can I use Twin Cities in my business name?
T. Augustus Claus
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answered on Aug 16, 2023

Using "Twin Cities" in your business name could potentially lead to trademark issues, as the term may be associated with the Minneapolis-Saint Paul metropolitan area in Minnesota. If your business operates within or serves this region, using "Twin Cities" in your name might... View More

1 Answer | Asked in Business Law and Contracts for Minnesota on
Q: What MN law states that gov. entities (state investment funds) lack authority to waive/delegate their legal rights?
Robert Kane
Robert Kane
answered on Jun 10, 2023

I am not quite sure what you are asking. Perhaps you could provide more specific information. "Entities" and "state investment funds" are vague.

States’ rights refer to the political rights and powers granted to the states of the United States by the U.S....
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1 Answer | Asked in Business Formation, Business Law and Gaming for Minnesota on
Q: I'm beginning the process of making a game on my own to be released digitally. I'm in Minnesota. Do I need a business?

I have concerns over what degree of personal ownership I would have over a company and if it would effect how flexible i can be, I don't know how taxes would work if I successfully sold the product as myself vs a business. I am also concerned there could be liability risk without one, being... View More

Robert Kane
Robert Kane
answered on May 22, 2023

Properly forming and maintaining a business entity has great advantages. Protecting your personal assets is one. It's hard to determine your current situation. Is this a solo endeavor or are others involved? Will funding from other sources be needed to market the game? What exactly do you mean... View More

1 Answer | Asked in Patents (Intellectual Property) and Business Law for Minnesota on
Q: If I have an investor , and the patentholder dies, is it possible for the investor to file claim to that patent?
Stephen E. Zweig
Stephen E. Zweig pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 3, 2023

It depends on how ownership of the patent is structured, and the terms of the investment.

For example, investors often require that the inventor assign the patent to a company. The inventor will presumably own shares in the company. When the investor invests, then the investor owns shares...
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1 Answer | Asked in Business Law and Tax Law for Minnesota on
Q: What are the steps to establishing a small business in Minnesota?

The business would be massage therapy and I would be renting space from a salon in town. I want to make sure I am establishing the business correctly and charging the right amounts for tax purposes and filing my taxes appropriately.

William Bailey
William Bailey
answered on Mar 17, 2021

You should consult directly with a business law firm as this is much more complicated than can be fully answered on an internet forum like this.

1 Answer | Asked in Business Law for Minnesota on
Q: I PAID TO GET MY VEHICLE FIXED, AND THE PLACE OF BUSINESS DIDN'T FIX MY CAR PROPERLY. I PAID FOR A WELDING JOB.

THEY PUT BOLTS INSTEAD. THE BOLTS ARE BROKE NOW. I PAID OVER A THOUSAND DOLLARS FOR THREE BOLTS.

William Bailey
William Bailey
answered on Nov 19, 2020

I'm sorry to hear that. Do you have a question about the situation?

1 Answer | Asked in Business Formation and Business Law for Minnesota on
Q: If I come up with a business name how to I find out it's not take or trademark? In case someone sues me.
Tim Akpinar
Tim Akpinar
answered on Oct 11, 2020

You chose logical categories for your post, but it remains open for four weeks. There's no guarantee every post is picked up, but your question could have better chances of a meaningful response in the Trademark category - you recognized the issue as well. Trademark is in the same categories... View More

1 Answer | Asked in Business Law, Contracts, Employment Discrimination and Employment Law for Minnesota on
Q: Can General Contractors force subcontractors to wear a mask for Covid or threaten contract termination

Install team,

Just a reminder that the wearing of masks or face shields while in the customer home is not optional, and there is a zero tolerance policy if you do not wear them.

The only time it is optional is when you are outside of the home and separated by at least 6 feet.... View More

Carrie Dyer
Carrie Dyer
answered on Sep 16, 2020

Unless you have a medical condition that prevents you from wearing a mask or face shield, you can be required to wear one while performing your work. If you do have a medical condition, you should work with your doctor to request an accommodation under the Americans with Disabilities Act from your... View More

1 Answer | Asked in Business Law and Employment Law for Minnesota on
Q: If I was approved an FMLA but then furloughed by the company, do days associated with furlough count towards the FMLA?

...

Paul Lelii
Paul Lelii
answered on Jun 17, 2020

Sir, this is a general opinion about the FLMA law. A full-blown investigation is required to really understand the facts of your case. See www.leliilaw.com. Paul Lelii 651-587-9663

Whether an employer may count a holiday against an employee's Family and Medical Leave Act (FMLA)...
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