If you have performed work for someone and have not been paid, yes, you have a legal claim. Whether that claim is based on you being an employee, or simply a contract breach claim is something that would have to be determined through more knowledge about your situation. At this point it would be...Read more »
They refuse to offer any sort of compensation as well as require me to pay my freight bill above the hard costs I incurred and said I needed to take them to court. I'm trying to figure out what other options I have, and not sure how to find a lawyer, if I have a case, etc. I have submitted a... Read more »
You can take them to court. If your claim is up to $10,000 you can go to small claims court. The filing fee is low and lawyers do not take part. You can "Google" California Superior Court. The court website has tutorial information and guidance. It is a more direct to way go after money.
After working for the company for a few years they required us to sign a non-compete. I was paid a small amount extra as consideration. In 2015 I got a promotion and they moved me to California. The company is headquartered in KS and I am employed in California. Does that invalidate the non-compete?
Obviously, the terms of the agreement, and the circumstances surrounding it, will be the biggest factors in evaluating its enforceability. However, non compete agreements, especially in California are difficult to enforce.
You need to take your agreement to an attorney familiar with non-compete and non-disclosures to get specific confidential advice. There is no where near enough information in your post to provide you with much helpful guidance.
Generally a non-compete provision is unenforceable in...Read more »
I purchased a ticket with an international airline. I am based in the U.S and the airline is based in China. The airline has a 24 hour free cancelation policy. Their U.S customer service hotline is only open M-F. However, they have a 24/7 Chinese number hotline. Since I purchased my ticket on a... Read more »
I'm not certain what consumer protections California law would provide here, and that's something a California attorney could advise you on in the best manner. But your question remains open for three weeks. If you pursued the matter in court, the legal fees and/or your time could exceed the amount...Read more »
I invested in a UK company. The founder claimed that he was shutting down the company. Next thing I know, he goes to the US and restarts the company. Now the company is successful and is operating strongly in the US. Do I have any grounds for a lawsuit? He did not give me any compensation, new... Read more »
It might be possible to bring an action against the founder. The facts must be examined by an attorney to see if they support bringing an action in the United States rather than in the UK. The facts must be examined to see if the founder committed any improper activities. The range of possibilities...Read more »
I filed a protest with the USPTO to stop their application. The USPTO accepted it but gave them 6 months to file arguments why they should be able to obtain the trademark. I also mailed them a Cease and Desist letter. They’ve ignored both and continue to sell their goods in the US.
Frankly, I would be surprised to find an attorney who is interested in transactional work, who works on an hourly fee basis, who would not jump at the chance to take work on a contract by contract basis.
I agree with Attorney Blackburn that the premiums may be deducted. The expenses may be deductible as compensation to the recipient. However, this is not advised because they become subject to payroll taxes at both the company and individual level. This treatment may be more helpful when there are...Read more »
If a Company A has an agreement with its clients that it can bring about a software upgrade in its software any time during the use of the software by the clients, and that the clients would, in such a case, be obligated to comply with the upgrade; would it is right to call such a modified software... Read more »
According to my bylaws I am allowed to replace her vacancy. But I am wondering if there is a law against that in California given the fact that her shares of stock are currently going to be transferred in ownership in Probate.
There's nothing to prohibit a shareholder vote to replace a director who is deceased, but keep in mind that the executor for the estate gets to vote the shares for the deceased shareholder in that election absent a binding voting agreement among shareholders.
My dad sold his gas station about a year ago (as it was in bankruptcy). He had to go through the court system to negotiate a deal with the buyer and was asked to pay a portion of the funds to lenders to pay off debt owed. He would still be left over with a good amount of money (close to $70k+). To... Read more »
You'll have to review the bylaws and/or the shareholder agreement for any clauses of what would happen if a shareholder dies. If the bylaws and/or shareholder agreement are silent on the issue, then California law applies, which is complex. You should contact an attorney near you for advice.
in probate, will they simply give away her shares of stock? or will they also valuate the company and demand a payment be made to the new shareholder? he is not a director, manager or majority shareholder in the company.
If valued over $150,000, the share ownership will likely be probated and the shares will likely be distributed to the intestate heirs. You should retain competent counsel to review your situation, including any agreements between the shareholders regarding death of a shareholder.
We are essentially closing the company, leaving only our online/digital product offerings available and have let all contractors go. She is our only employee and we simply can't afford to keep her. I'm not sure the best way to do this to ensure we don't affect her paid family leave through the... Read more »
This is not an easy scenario. If the company is truly closing and you can't afford to keep her, your reason for letting her go seems justified or based on necessity. However, if there are still employees at the company (I mention this because you state that you are still maintaining...Read more »
I'd like to hand out business flyers at individual office suites within an office building. Do I need the landlords or cities permission to do this? Can I leave business cards behind if the tenant is not present.
Yes, it would be advisable to get the landlord's permission, identify yourself at the security desk, and obtain tenant's consent at their reception desk if you are given permission to go up to their floor or suite. Enhanced security protocols have made entering large office buildings more stringent...Read more »
There are several interesting legal issues here. What was the partnership agreement's conditions on what happens in the event of a death? Was there any consideration given to whom your partner's share of the business will go to? Was their share to be assumed by their estate? Is he interfering with...Read more »
I am trying to start a business but the name is taken on instagram and facebook, but the accounts have not posted in years, and has under 100 followers on instagram and just 2 on facebook, can that lead to trouble?
It's possible that you may have an issue with the name. I'd probably look at the US Trademark database (uspto.gov) to see if anyone has filed a trademark for the name. If not, I'd check the database for your state's secretary of state and any fictitious business name (i.e., "doing business as" or...Read more »
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