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1 Answer | Asked in Consumer Law, Business Law and Internet Law for Washington on
Q: Is it legal for uber eats to not refund me for a delivery not delivered?

I ordered from Ubereats for delivery and didn't receive it. I asked for a refund and they ask for a picture of the delivery. They got a picture of the ground because they didn't deliver. Then told me that it does not qualify for a refund because the order was not in the sent picture.

James L. Arrasmith
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answered on Jun 8, 2024

Based on the situation you've described, it seems that Uber Eats may not be handling your refund request appropriately. Here are a few points to consider:

1. Uber Eats' refund policy: According to their terms and conditions, Uber Eats typically offers refunds for orders that were...
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1 Answer | Asked in Immigration Law, Business Formation, Business Law and International Law on
Q: Hi, I recently obtained an EIN number over the phone, I'm from Jamaica, is it possible for me to attain an ITIN

Hi, I recently obtained an EIN number over the phone, I'm from Jamaica, is it possible for me to attain an ITIN number to use in place of an SSN number in order for me to open a bank account and use Paypal and those other services which require such details ?

James L. Arrasmith
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answered on Jun 8, 2024

As a foreign national from Jamaica, it is possible for you to obtain an Individual Taxpayer Identification Number (ITIN) from the U.S. Internal Revenue Service (IRS). However, you must meet certain eligibility requirements:

1. You must have a valid reason for needing an ITIN, such as filing...
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1 Answer | Asked in Immigration Law, Business Formation, Business Law and International Law on
Q: I'm a jamaican citizen who recently attained an EIN over the phone from the IRS, I need an ssn number to operate my onli

I'm a jamaican citizen who recently attained an EIN over the phone from the IRS, I need an ssn number to operate my online business through serivces such as paypal, how can i attain one or is there another number i can use for this kid of process ?

James L. Arrasmith
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answered on Jun 6, 2024

I apologize, but as a foreign citizen, you are not eligible to obtain a U.S. Social Security Number (SSN) solely for operating an online business. SSNs are typically issued to U.S. citizens, permanent residents, and certain temporary residents who are authorized to work in the United States.... View More

1 Answer | Asked in Business Law on
Q: Can one director withdraw money from the corporate account without approval of the other director? Business is 50/50.

Transferring funds into their separate holding company for personal use, not for business expenses/suppliers.

Jennifer Newton
Jennifer Newton
answered on Jun 5, 2024

In a 50/50 ownership structure, one director typically cannot withdraw funds for personal use without the other’s approval. Such actions may breach fiduciary duties and could have legal consequences. You'll want to check your company’s bylaws and shareholder agreement for rules on... View More

1 Answer | Asked in Business Formation and Business Law for Missouri on
Q: Can my Board of Directors of my Non for Profit, re write the bylaws to change the definition of a membership of the org?

We want to have just the board of directors and teachers committee vote on board seat vacancies and we don't get a lot of membership activity to warrant their input, other than their regular participation in weekly sits (Meditations and Dharma Talks)

Jennifer Newton
Jennifer Newton
answered on Jun 3, 2024

Yes, your Board of Directors can generally amend the bylaws to change the definition of membership and voting rights, provided that the current bylaws and your state laws permit. Here would be the steps:

Review Current Bylaws: Check for the amendment process.

Draft Amendments:...
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1 Answer | Asked in Business Law, Civil Litigation and Civil Rights for New York on
Q: Which court can I file? Civil Court or business court?

I leased the SUV using my company Violet River Inc. in December 2021. My business stopped operation when the other owner exited in December 2021. There was no employee, except me seasonal in quarter four. Between the lease time (1/2022 - 1/2023), the leased vehicle was used primarily for personal,... View More

James L. Arrasmith
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answered on Jun 3, 2024

To determine where to file your case, you need to consider the nature of your lease and the primary use of the vehicle. Since the SUV was leased under your company name, Violet River Inc., but used primarily for personal, family, or household purposes, it may qualify as a consumer lease under 15... View More

3 Answers | Asked in Employment Law and Business Law for California on
Q: Can your employer make you sign a non disclosure when you quit or leave?

My boss just announced to everyone at the company if we leave or quit we will be required to sign a non disclosure agreement. Do I have to do this??? Is it illegal not to??

James L. Arrasmith
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answered on Jun 2, 2024

In California, employers can ask you to sign a non-disclosure agreement (NDA) when you leave or quit a job. This is typically done to protect confidential information and trade secrets that you may have had access to during your employment. The request itself is not illegal.

However, you...
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3 Answers | Asked in Employment Law and Business Law for California on
Q: Can your employer make you sign a non disclosure when you quit or leave?

My boss just announced to everyone at the company if we leave or quit we will be required to sign a non disclosure agreement. Do I have to do this??? Is it illegal not to??

Brad S Kane
Brad S Kane
answered on Jun 3, 2024

No. An employer cannot require you to sign a non-disclosure agreement, when you are fired or quit. If an employer wants to you voluntarily sign a non-disclosure agreement, the employer must provide consideration such as a severance payment.

However, an employer can require you to sign a...
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1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: Could I buy a “holding” company LLC that holds recipes and stipulations for the restaurant LLC I own 60-40?

My partner is essentially a silent partner so I would be interested in buying the “holding” company and use that to possibly expand in the future and keep the restaurant LLC its own thing.

Michael Cherewka
Michael Cherewka
answered on Jun 2, 2024

Not sure what you mean by buying the holding company. But it is not unusual to set up a separate LLC to own recipes or systems/processes or equipment and the license or lease them to multiple operating entities for each restaurant location. Provides asset protection, different streams of revenue... View More

2 Answers | Asked in Employment Law, Workers' Compensation, Business Law and Civil Rights for Illinois on
Q: I am being terminated from my job based on performance issues that have been affected by my mental health.

Do I have grounds to seek legal action regarding my termination based on mental health and substance abuse without being offered treatment or even severance?

Charles Candiano
Charles Candiano
answered on Jun 2, 2024

Worker's Compensation is a specialized area of law that only concerns job-related injuries. Your question is more related to employment law. Most people are at-will employees. You may have an employee handbook or union contract that provides additional rights. That said, any physical or... View More

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2 Answers | Asked in Employment Law, Workers' Compensation, Business Law and Civil Rights for Illinois on
Q: I am being terminated from my job based on performance issues that have been affected by my mental health.

Do I have grounds to seek legal action regarding my termination based on mental health and substance abuse without being offered treatment or even severance?

James L. Arrasmith
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answered on Jun 3, 2024

You may have grounds to seek legal action if your termination was influenced by your mental health or substance abuse issues. It's important to determine if your employer was aware of your condition and whether they failed to provide reasonable accommodations or treatment options as required... View More

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1 Answer | Asked in Business Formation and Business Law on
Q: There are four person going to start a business. Two are investors two are handlers.

One person from handler is the one who made idea and found investor to start it. He knew investor and handler and he is the source developer and we can say manager. I want to know the profit division of this business .

Jennifer Newton
Jennifer Newton
answered on May 31, 2024

Determining the profit division in a new business with multiple stakeholders requires careful consideration of each person's role, contributions, and the agreements among all parties involved. Here’s a general approach to structuring the profit division for your business involving two... View More

3 Answers | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Need help seeking reimbursement of delinquent debt on a CC accumulated after I legally left business

left business i co-founded via executed contract

partner fails to remove me from business bank account ownership (no debt when I left)

business accrues unpaid debt several years after I left

bank notifies me of delinquency, I contact partner and the bank and fill out all... View More

John Michael Frick
John Michael Frick
answered on May 31, 2024

Under the facts as you describe them, you very likely have a decent case against your former partner for reimbursement of the money debited from your personal account to pay the business debts that your former partner assumed when you both executed the agreement regarding your departure from the... View More

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3 Answers | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Need help seeking reimbursement of delinquent debt on a CC accumulated after I legally left business

left business i co-founded via executed contract

partner fails to remove me from business bank account ownership (no debt when I left)

business accrues unpaid debt several years after I left

bank notifies me of delinquency, I contact partner and the bank and fill out all... View More

James L. Arrasmith
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answered on May 31, 2024

To seek reimbursement for the delinquent debt accumulated on a credit card after you legally left the business, begin by gathering all relevant documents. This includes the executed contract showing your departure, communications with your former partner and the bank, and any paperwork submitted... View More

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3 Answers | Asked in Business Law, Civil Litigation and Contracts for California on
Q: Need help seeking reimbursement of delinquent debt on a CC accumulated after I legally left business

left business i co-founded via executed contract

partner fails to remove me from business bank account ownership (no debt when I left)

business accrues unpaid debt several years after I left

bank notifies me of delinquency, I contact partner and the bank and fill out all... View More

Delaram Keshvarian
Delaram Keshvarian
answered on Jun 2, 2024

Thank you for your question!

A partner should not be held liable for debt of the business after leaving the business. You need to document all evidence of your departure and not receipt of the profit from the business.

After documentation, you can start negotiation/mediation with...
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2 Answers | Asked in Business Law for Texas on
Q: The customer we are not sure drink in the restaurant or no ?because we don’t have his card information

The customer we are not sure drink in the restaurant or no?because we don’t have his card information,we have insurance,but we don’t have liquor insurance,right now the plaintiff sue to our restaurant. So what can we do ?

John Michael Frick
John Michael Frick
answered on May 30, 2024

If your business has been sued and you do not have insurance coverage, you should hire a civil trial attorney with experience in dram shop cases to represent your business immediately. Normally, you have roughly three weeks from the date that your business was sued to file a written answer to the... View More

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1 Answer | Asked in Contracts, Business Formation and Business Law for Arizona on
Q: Can I access business loans and grants in a state other than the one my LLC is filed in?

I want to start a new LLC and take advantage of the privacy and tax advantages states like Nevada, Delaware and Wyoming provide however I do not reside in those states. I would be a minority owned business so wondering if any of the programs in my home state for helping small businesses through the... View More

Jennifer Newton
Jennifer Newton
answered on May 30, 2024

Starting an LLC in states like Nevada, Delaware, or Wyoming can offer various privacy and tax advantages. However, if you do not reside in these states, you may face limitations regarding access to small business assistance programs in your home state. As a minority-owned business, you might be... View More

1 Answer | Asked in Business Law for Oregon on
Q: Can a store be liable if an employee consents to watching a customer's belongings and the items are stolen?

Oregon. Hypothetical. There are signs posted that the store is not responsible for lost or stolen items. If an employee were to agree to watch over a customer's items and the items are stolen, can the store be held accountable and potentially sued?

Jim Boness
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answered on May 29, 2024

If the store was negligent for failing to properly train and supervise its' employees, or not implementing adequate policies to secure the customer's belongings, that store could face liability. Generally, the store will be liable if the employee's actions were within the scope of... View More

1 Answer | Asked in Landlord - Tenant and Business Law for California on
Q: Can I withhold payment from a contractor who is also a tenant and is behind on rent?
James L. Arrasmith
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answered on May 29, 2024

In California, it is generally not legal to withhold payment from a contractor who is also a tenant and behind on rent. Here's why:

1. Separate agreements: The rental agreement and the contract for services are two separate legal agreements. The landlord-tenant relationship is governed...
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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Business Law for Tennessee on
Q: If I get a car from a dealership but make payments to another dealership, is something illegal happening?

Filed complaint with tn commissions and car dealership that I make payments to said they never sold me a car...but I believe they have multiple lots was even told by the lot I got car at. Some of the payments was not reported right. I have time recipts of transactions

Anthony M. Avery
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answered on May 28, 2024

Filing a Complaint without knowing most of the facts could get you repossessed. Hire an attorney to look at your financing statement. Then you and him start calling the noteholder, whoever that is. Some corporation searches will also be necessary. Determining the actual lienholder may be a... View More

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