Business Law Questions & Answers

Q: If a job application asks about past illnesses, whom defines past illnesses, me, or my diagnosis history?

1 Answer | Asked in Business Law, Civil Litigation, Civil Rights and Health Care Law for Connecticut on
Answered on Aug 23, 2016

Your answer is perplexing, as you have not explaied why you seem to disagree with your own medical records as to diagnosis history and whether there is a valid way to dispute it.
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Q: How do I legally get out of a equipment lease ? They want me to pay full lease agreement.

1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Answered on Aug 23, 2016

Offer to buy it? You really want to speak with an attorney who handles these issues. Try www.naca.net or a commercial transactions atttorney who handles small business issues.
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Q: What is considered illegal with automotive parts mark-up?

2 Answers | Asked in Products Liability, Consumer Law and Business Law for Tennessee on
Answered on Aug 23, 2016

I am not aware of ANY limitation on the mark-up of automotive parts. If you have not yet paid them, I would confront them with the prices you've obtained and try to negotiate a reduction. If you have already paid them, you may still want to confront the management with all this information. If they won't make any adjustment, Consider giving them negative reviews on their website and other social media. ( But don't discuss these actions with them). If you do so, publish only what is absolutely...
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Q: Can I do this on the side after I closed my LLC?

1 Answer | Asked in Business Law for New York on
Answered on Aug 23, 2016

As long as you don't have a non-compete, confidentiality, or non-discloaure agreement with the partner or LLC than you're probably fine to go about it. It's wise to inform your partner and obtain his written consent / understanding / agreement that you are doing so, if that's I impractical for some reason we can discuss further, my email is bjanay@lobej.com
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Q: I left a guitar that I bought online at the store for a year. Now they say they don't have it. Who is responsible?

1 Answer | Asked in Consumer Law, Products Liability and Business Law for Nevada on
Answered on Aug 22, 2016

You'll get not a whole lot of sympathy, but assuming they didn't send you a notice saying "pick it up or else" then they are "bailees" of the item and have to care for it. They owe you the value of the item. Ask them in writing for the item or the amount you paid. Take them to small claims court--though that will be in Las Vegas.
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Q: If an event costs $5k to put on and the sponsor has agreed to contrib. 20k do I have to give back the extra?

1 Answer | Asked in Business Law and Contracts for New York on
Answered on Aug 22, 2016

Probably not, do you have a contract with the sponsor? You should have and that should govern.
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Q: What is my liability and best practices as an licensed professional clinical counselor, minister and hands-on healer?

1 Answer | Asked in Legal Malpractice, Business Law and Personal Injury for New Mexico on
Answered on Aug 21, 2016

Look at what boards govern what activities. Problem is when you collect money. Need to see how your state treats such things-with all the crystal therapy etc should be some statement you can use stating that none of it is medically prove, that if they continue to have symptoms they should follow up with a medical practitioner. See if you can get liability coverage.
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Q: I own a franchise, but I just had to file for bankruptcy. Am I still able to run my business?

1 Answer | Asked in Business Law for New York on
Answered on Aug 19, 2016

Depends. If the business filed a reorganization bankruptcy you get a plan approved and then payoff the debts usually consolidated fashion and usually at a lower amount. In a liquidation all assets are sold and the creditors get paid usually a fraction of what they're owed. Even if you filed an individual bankruptcy it's likely that the franchisor in the agreement you signed with them contained a provision that allows them to revoke your franchise rights if you declared bankruptcy. There is...
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Q: i have a business thats incorperated. unfortunatly i was fined by the dca for alot of money.

1 Answer | Asked in Business Law for New York on
Answered on Aug 18, 2016

It's doubtful, but probably would take about 1 or 2 hours to find out definitively. I say it's doubtful because NYC is basically a municipal corporation, they have limited special powers granted by the State which is the organization that regulates businesses and corporations under the Business and Corporation Law (BCL) statute. Under various provisions of the BCL and under the common law (judge rulings that make up a body of law) there are only a limited number of circumstances in which a...
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Q: Is a non-medically licensed/certified individuals required by law to report threats or confessions of abuse/harm?

1 Answer | Asked in Business Law, Criminal Law, Employment Law and Legal Malpractice for Florida on
Answered on Aug 18, 2016

Makes sense to get a general errorors and omissions /general liability policy. As to the admissions, morally you need to consider them, legally only those professions required to report have to report. There may be variances in state law.

Suggest you google mandatory reporting state by state and then ask as to each state.
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Q: If a business receives an overpayment on an account from a customer, are they legally obliged to notify the customer?

1 Answer | Asked in Business Law and Consumer Law for North Carolina on
Answered on Aug 17, 2016

The answer to this question depends on the terms and conditions of your credit account agreement. Most account agreements would allow application to an outstanding balance. However, if payments are made with a specific designation as to how they should be applied, it is questionable especially without contract authorization. If your contract allows you to apply to other outstanding invoices or to hold as an open unapplied credit, then that would be ok. Otherwise, it should be refunded to the...
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Q: Non solicitation agreement help

1 Answer | Asked in Business Law and Employment Law for Tennessee on
Answered on Aug 17, 2016

You don't specificly say, but I assume you did indeed sign some type of agreement prohibiting you ( as a former employee) from soliciting employees of that employer to change jobs. The rights and obligations you have will be governed by that document, so its hard to answer anything without reviewing that agreement. Get a copy and read it carefully. Apparently, unless someone overheard you making the call, the other client has already said that you made the call and made the solicitation. maybe...
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Q: I am researching for a novel. Can a Syrian living in America with temporary protection status own their own business?I

1 Answer | Asked in Business Law and Immigration Law for North Carolina on
Answered on Aug 16, 2016

Yes, they most definitely can. In most states you just need a social security number. And you can get that with TPS. Good luck with your novel!
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Q: Can a company obligate its employees to work past paid hours, cite it as voluteer work, and terminate them if they don't

1 Answer | Asked in Business Law and Employment Law for Pennsylvania on
Answered on Aug 16, 2016

If they are paid overtime it's not a wage hour violation. If only paid for 37.5 it is a wage hour violation and you should consult an attorney who handles those cases.
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Q: Business liability, am i liable?

1 Answer | Asked in Business Law and Personal Injury for Massachusetts on
Answered on Aug 16, 2016

Possibly, more likely they would have a claim but the defense would be they weren't realy "business invitees" but trespassers.. Are the savings worth it to them? Sounds like a lot of hassle for a few bucks off. Also if anyone asks you could have your card hiked per terms of agreement.
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Q: Business partnership with company based in MA. My LLC in Texas. The agreement refers to Delaware law. Where to file?

1 Answer | Asked in Business Law and Contracts for Texas on
Answered on Aug 15, 2016

I am sorry you are having to deal with this legal issue. If you are planning to litigate your case, it may be good to speak directly with a business attorney to look at the facts of your case and also the terms of your contract. For instance, the agreement might have a forum selection clause wherein the parties agreed to litigate all matters only in specific courts or through arbitration. However, it is possible that you might be able to file your case in Texas depending upon the facts of...
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Q: Is the content from emails legally binding?

1 Answer | Asked in Contracts, Business Law and Consumer Law for Texas on
Answered on Aug 15, 2016

It is possible for representations made in emails to cause the sender of the email to face liability if the representations are false, result in justified detrimental reliance, and it is also possible to create a legally binding contract based upon email communications. However, in this scenario and many other similar business or consumer situations, it is likely that there will be a final contract signed by the parties that will disclaim any reliance on prior representations made verbally or...
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Q: Are company's that report income and have assets but don't actually do anything are legal?

1 Answer | Asked in Business Law for Texas on
Answered on Aug 15, 2016

I am sorry it is difficult to accurately answer this question without knowing further facts about the "businesses" owned by the father. There are many reasons why a particular business entity may have been created and there are many ways that a company may have "earned" income even though it does not appear that they are doing anything as you had mentioned. Generally speaking, the IRS would be usually concerned about companies that were NOT reporting taxable income versus reporting income....
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Q: Hi we have a company but we would like to register our name and logo how we can do this ? thanks

1 Answer | Asked in Business Law and Trademark for Texas on
Answered on Aug 15, 2016

You may want to consult with a business law attorney regarding the particular facts in your case. I believe you might be asking about how to register your company name and logo for trademark protection. However, it is possible you may be asking for advice for another matter. If you are seeking trademark protection, please note that there are different levels of protection for a name or logo used as a trademark by a business. You may, for instance, already have established a common law...
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Q: Is the NDA/Non Compete agreement I signed still valid if the company has changed names since signing?

1 Answer | Asked in Business Law, Contracts and Employment Law for New Jersey on
Answered on Aug 13, 2016

The answer would depend on the terms of the agreement. A lawyer would need to read and review the agreement first before giving you an answer as no hard and fast rules apply. Your probably looking at less than $1000 for a review it may or may not be worth it for you.
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