Business Law Questions & Answers by State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
Business Law Questions & Answers
Q: can you be a transaction coordinator with out setting under a broker
N. Munro Merrick's answer
That depends on exactly what you would be doing as a "transaction coordinator". It also depends on what you mean by "setting under a broker."
That depends on exactly what you would be doing as a "transaction coordinator". It also depends on what you mean by "setting under a broker."
Q: Under Free Speech, what is the “matters of public concern” requirement?
Timur Akpinar's answer
There is a resource that outlines free speech in the realm of public employment. It covers this and other issues related to First Amendment rights: Free Speech Guide for Public Employers, Deskbook Encyclopedia of Public Employment Law & Copyright © 2018 by the Center for Education & Employment Law.
Tim Akpinar
There is a resource that outlines free speech in the realm of public employment. It covers this and other issues related to First Amendment rights: Free Speech Guide for Public Employers, Deskbook Encyclopedia of Public Employment Law & Copyright © 2018 by the Center for Education & Employment Law.
Tim Akpinar
Q: Should I make an LLC and get paid through that, or just receive a W-2 like every other employee?
1 Answer
| Asked
in
Business Law and Employment Law
for
District of Columbia
on
Answered on Oct 22, 2018
Answered on Oct 22, 2018
Andrellos Mitchell's answer
It sounds like a dumb idea. You are taxed as a sole proprietor, which for tax purposes means you are taxed as an individual. The LLC is more about putting a veil between you and the company to protect your assets in the event the company is sued.
It sounds like a dumb idea. You are taxed as a sole proprietor, which for tax purposes means you are taxed as an individual. The LLC is more about putting a veil between you and the company to protect your assets in the event the company is sued.
Q: ISO: business/tax lawyer
1 Answer
| Asked
in
Tax Law, Business Formation and Business Law
for
Colorado
on
Answered on Oct 20, 2018
Answered on Oct 20, 2018
D. Mathew Blackburn's answer
Tax is not restricted to only attorneys that are licensed in the state. I have cases in about 10-11 different states. I'd have to go count them to be sure.
A Colorado attorney can help you with this issue.
Tax is not restricted to only attorneys that are licensed in the state. I have cases in about 10-11 different states. I'd have to go count them to be sure.
A Colorado attorney can help you with this issue.
Q: After 35 years of marriage my parents are going through a divorce that's very complicated due to owning many businesses.
Timothy Denison's answer
This is such a complex question with so many variables that it is impossible to properly answer here. It depends on whose name and how assets and liabilities are held as to what the proper action. Each can file separately if necessary, but generally speaking both parties are best served by filing a joint bankruptcy before the divorce. You need to get you parents to a competent bankruptcy attorney who can completely analyze their financial situation and advise them what to do and how and when...
This is such a complex question with so many variables that it is impossible to properly answer here. It depends on whose name and how assets and liabilities are held as to what the proper action. Each can file separately if necessary, but generally speaking both parties are best served by filing a joint bankruptcy before the divorce. You need to get you parents to a competent bankruptcy attorney who can completely analyze their financial situation and advise them what to do and how and when...
Q: How should I incorporate strong non-compete clauses in my employment contracts?
Michael David Siegel's answer
No matter how clear the language, you still have to sue to enforce it, and it is hard to enforce. However, there is standard non-compete language to use in an employment agreement.
No matter how clear the language, you still have to sue to enforce it, and it is hard to enforce. However, there is standard non-compete language to use in an employment agreement.
Q: A possible case of extortion and defamation?
1 Answer
| Asked
in
Consumer Law, Business Law, Civil Litigation and Libel & Slander
for
California
on
Answered on Oct 17, 2018
Answered on Oct 17, 2018
William John Light's answer
It's possible. Defamation is a false statement of fact. Negative opinions are not defamation. It depends what she said and how it compares to the truth.
It's possible. Defamation is a false statement of fact. Negative opinions are not defamation. It depends what she said and how it compares to the truth.
Q: What should be done when a Former Partner of a surveyor, hired for private property job, impersonates the person hired?
1 Answer
| Asked
in
Consumer Law, Criminal Law and Business Law
for
Tennessee
on
Answered on Oct 16, 2018
Answered on Oct 16, 2018
Anthony Marvin Avery's answer
You will have to call the Sheriff's Department and ask to swear out a Warrant with a Detective. Let the Magistrate decide which Criminal Statute was violated. But since you actually paid no money, probably no charges will be issued. It is possible a Complaint to the Land Surveyor's Branch of the Tennessee Department of Commerce and Insurance should be filed. You should have never hire a Surveyor to determine Title Ownership of Real Property. If the Wills you have were not Probated,...
You will have to call the Sheriff's Department and ask to swear out a Warrant with a Detective. Let the Magistrate decide which Criminal Statute was violated. But since you actually paid no money, probably no charges will be issued. It is possible a Complaint to the Land Surveyor's Branch of the Tennessee Department of Commerce and Insurance should be filed. You should have never hire a Surveyor to determine Title Ownership of Real Property. If the Wills you have were not Probated,...
Q: What do I need to do and who do I need to see in order to being able to get the company shares and became a partner?
Terrence H Thorgaard's answer
If your friend wants you to become a partner (if the company is a partnership) or shareholder (if the company is a corporation), insist that he show you the documents.
If your friend wants you to become a partner (if the company is a partnership) or shareholder (if the company is a corporation), insist that he show you the documents.
Q: Taxation of an LLC owned by non USA residents
Eric Steven Day's answer
If the income is earned within the U.S., the taxpayers always have to file a US tax return to pay taxes on the income that they generate in the U.S. They may also have to file the income in the foreign country that they reside in, but they will likely get a credit for any income taxes that they pay to the U.S. on the same income. A lot of this depends on the country and whether the U.S. has any treaties with the foreign country.
If the income is earned within the U.S., the taxpayers always have to file a US tax return to pay taxes on the income that they generate in the U.S. They may also have to file the income in the foreign country that they reside in, but they will likely get a credit for any income taxes that they pay to the U.S. on the same income. A lot of this depends on the country and whether the U.S. has any treaties with the foreign country.
Q: I am sub leasing a shop. Everytime i turn around something is changing and going against the contract.
1 Answer
| Asked
in
Contracts, Business Law, Landlord - Tenant and Small Claims
for
Oregon
on
Answered on Oct 15, 2018
Answered on Oct 15, 2018
Mr. Michael O. Stevens' answer
Not entirely certain if you are sub leasing to them, or you are sub leasing from them. If you are sub leasing to them, you are the landlord, and you can sent notices of deficiencies or a for cause eviction if they are violating the lease.
If it is the other way around, review the lease and see if your landlord has violated any terms you can use as leverage to get out of the lease.
Lastly, just remember that this is a commercial lease, so the landlord-tenant laws do not apply.
Not entirely certain if you are sub leasing to them, or you are sub leasing from them. If you are sub leasing to them, you are the landlord, and you can sent notices of deficiencies or a for cause eviction if they are violating the lease.
If it is the other way around, review the lease and see if your landlord has violated any terms you can use as leverage to get out of the lease.
Lastly, just remember that this is a commercial lease, so the landlord-tenant laws do not apply.
Q: In Pennsylvania how long does a company have to complete a background check? This would be after I had already started?
Cary B. Hall's answer
Yes. Employment in Pennsylvania is "at-will" -- meaning you can quit whenever you like, and employers can fire you whenever *they* like. There's no legal requirement to conduct background checks on either prospective or current employees at all, much less any time limitation on when they're done. You could be let go because your employer doesn't like the color of your shirt on any given day. It's just the way it is. Best of luck to you.
Yes. Employment in Pennsylvania is "at-will" -- meaning you can quit whenever you like, and employers can fire you whenever *they* like. There's no legal requirement to conduct background checks on either prospective or current employees at all, much less any time limitation on when they're done. You could be let go because your employer doesn't like the color of your shirt on any given day. It's just the way it is. Best of luck to you.
Q: Which is State for rescinding a license to occupy a suite
1 Answer
| Asked
in
Business Law, Civil Litigation and Contracts
for
Massachusetts
on
Answered on Oct 13, 2018
Answered on Oct 13, 2018
Michael Hales' answer
It will depend on the contract you signed, but even if says something contrary, the state where the property is located will almost always also apply. However, there can be some confusion about this, and I wrote an article about this very issue with my local bar that you can read here: https://skidmorehales.com/article
Let me know if you have any questions.
It will depend on the contract you signed, but even if says something contrary, the state where the property is located will almost always also apply. However, there can be some confusion about this, and I wrote an article about this very issue with my local bar that you can read here: https://skidmorehales.com/article
Let me know if you have any questions.
Q: Hi, I am having a problem getting compensation for a lost delivery
Timur Akpinar's answer
You could ask the delivery company if the shipment was insured; if it was not, you could consult with an attorney to examine the validity of the no-pay position in accordance with their terms of shipment, what your options are, and what options would be most viable and cost-effective in accordance with the value of the phone.
Tim Akpinar
You could ask the delivery company if the shipment was insured; if it was not, you could consult with an attorney to examine the validity of the no-pay position in accordance with their terms of shipment, what your options are, and what options would be most viable and cost-effective in accordance with the value of the phone.
Tim Akpinar
Q: How much would this California Code Business and Professions Code - BPC DIVISION 3
N. Munro Merrick's answer
What is the question? If you are asking the cost of a copy of the code, go to Matthew Bender online. They sell law books.
What is the question? If you are asking the cost of a copy of the code, go to Matthew Bender online. They sell law books.
Q: My business partner wants to retire and shut down our business.
Andrea Wheeler's answer
There are a lot of fact specific issues that just be known before answering this question. What type of business entity do you have? Depending on the type of entity, do you have an operating agreement or buy sell agreement in place that specifies the steps needed to be taken for this type of transition? What terms are not agreeable to your partner? You really need to speak with a business attorney to give more facts so that you can get advice for your particular situation.
There are a lot of fact specific issues that just be known before answering this question. What type of business entity do you have? Depending on the type of entity, do you have an operating agreement or buy sell agreement in place that specifies the steps needed to be taken for this type of transition? What terms are not agreeable to your partner? You really need to speak with a business attorney to give more facts so that you can get advice for your particular situation.
Q: Once dissolving a business if your suing a client and they send a check. Can you still cash the check?
1 Answer
| Asked
in
Business Law, Civil Litigation and Contracts
for
New Jersey
on
Answered on Oct 11, 2018
Answered on Oct 11, 2018
H. Scott Aalsberg Esq.'s answer
Best to ask the lawyer that helped you dissolve the business, unfortunately the answer can vary on who can deposit the check.
Best to ask the lawyer that helped you dissolve the business, unfortunately the answer can vary on who can deposit the check.
Q: For a reunion event planning business, should we have customers sign liability waivers? Is a click-through good enough?
Wesley Winsor's answer
Hi,
Sounds like a great business. Yes, I think that if you are taking on the liability, then you will want to make sure that you are passing the liability on to the actual participants of those events.
Ideally your participants would take on the liability directly from the venue, but that is impractical for your purposes. Neither you nor the venue will want to make sure that every participant has signed the venue's liability form.
I would have the liability clause a...
Hi,
Sounds like a great business. Yes, I think that if you are taking on the liability, then you will want to make sure that you are passing the liability on to the actual participants of those events.
Ideally your participants would take on the liability directly from the venue, but that is impractical for your purposes. Neither you nor the venue will want to make sure that every participant has signed the venue's liability form.
I would have the liability clause a...
Q: Can I file a suit against a business for unfair treatment?
2 Answers
| Asked
in
Business Law, Civil Litigation, Contracts and Employment Law
for
North Carolina
on
Answered on Oct 8, 2018
Answered on Oct 8, 2018
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
