Florida Business Law Questions & Answers

Q: My employer changed all of the employees' W2 exemptions/allowance from 0/1 to 2 without our knowledge or consent.

1 Answer | Asked in Tax Law, Business Law and Employment Law for Florida on
Answered on Feb 19, 2017

This may have been a simple mistake by the employer, such as a change in payroll software causing an incorrect exemption number, or it may have been some form of fraudulent activity. From the IRS's view, it is still the responsibility of you and the other employees to ensure proper amounts are being withheld on a regular basis and if they are not to pay taxes in to the IRS directly throughout the year. I suggest talking the situation over with your employer and try to find out what the employer...
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Q: Non-Compete contract says I cant work for a competitor for 2 years? What happens to me if I do it anyway?

1 Answer | Asked in Contracts, Business Law and Employment Law for Florida on
Answered on Feb 15, 2017

Non-compete clauses are very, very restricted under California law. From your question, it appears the prohibition applies to your company, which is likely the "employee" under the contract. You really should have a lawyer examine the agreement to determine its scope and validity before you sign.
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Q: Hello, I am thinking about buying a small inc. auto repair business in west palm beach Florida.

1 Answer | Asked in Business Law for Florida on
Answered on Feb 11, 2017

Mike: my office is located in NW Florida, thus it is not feasible for me to assist you. I strongly suggest that you consult with an attorney who handles business matters in West Palm to ensure that you are protected in this transaction. A good attorney might cost you some money to assist with this asset purchase but the expense will be well worth it as if you make a mistake it can cost you dearly for years to come.
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Q: Business naming issue, is this naming scenario infringement of naming rights?

1 Answer | Asked in Business Formation, Business Law, Copyright and Intellectual Property for Florida on
Answered on Feb 3, 2017

I don't think it would be ethically permissible for an attorney to answer that specific question for you without establishing an attorney-client relationship. Find a local attorney who does business transactional and trademark work. This statement is obviously self-serving, but also accurate: consulting with an attorney before you have a legal problem may be an order of magnitude cheaper than hiring an attorney after you're a party to a lawsuit.

Best of luck with your endeavor.
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Q: I need to change the owner of my business which is located in Florida. How do I go about doing that?

1 Answer | Asked in Business Law for Florida on
Answered on Feb 2, 2017

It appears that you are looking at information concerning a corporation. You have not indicated whether your business is incorporated. It will depend upon which business form (sole proprietorship, partnership, LLC, or corporation) in which your business is organized. Also, it appears that the steps you found are designed for a particular organization, and not for a run-of-the-mill corporation.
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Q: Can you claim an ocean cargo (car) damage insurance for me?

1 Answer | Asked in Business Law, Car Accidents, Insurance Bad Faith and Insurance Defense for Florida on
Answered on Dec 25, 2016

Michael you need to look at your bill of lading. It will say where claims must be handled. Look for an attorney who handles such claims. You will need proof of what the damages cost. Do understand that in the US you do not necessarily get your attorney fees returned, so an attorney will reuqire a retainer or deposit from you.
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Q: If Lessor corporation located Orlando, FL. Lease live and operated WPB what Lessor's principal place of business is?

1 Answer | Asked in Business Law for Florida on
Answered on Nov 28, 2016

I found the question stem confusing. If the lessor corp has a lease and operates in WPB, that would be the principal place of business. If this does not answer your question, please follow-up and clarify your question.
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Q: I moved out of an apartment where the previous tenant left the router and now I am being harrassed about paying for it.

1 Answer | Asked in Consumer Law and Business Law for Florida on
Answered on Oct 5, 2016

Is this the landlord or a company which sells routers? If it's the latter, it looks as though they are incorrectly assuming that because you live at that address you must be the person who ordered it. Ask them to show you documentation of the transaction.
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Q: Can I post a "Restaurant parking only, violators will be towed at owners expense" sign in front of my business?

1 Answer | Asked in Business Law for Florida on
Answered on Sep 30, 2016

It depends upon whether the parking spaces are part of the leased premises. One would have to refer to the terms of the lease to know for sure.
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Q: Are landlords limited in any way on the information they can give to prospective landlords or others about past tenants?

1 Answer | Asked in Business Law, Contracts, Landlord - Tenant and Real Estate Law for Florida on
Answered on Sep 29, 2016

The only reason that past employers are reluctant to tell potential employers all the employment details is that they are concerned about liability for defamation. It's the same in the landlord-tenant situation. There is no specific law prohibiting disclosure of information, and as long as they are truthful there is little potential for you to bring a successful defamation action.
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Q: How long does it take Florida appeal court to make a ruling on civil case after everything been summit?

1 Answer | Asked in Appeals / Appellate Law and Business Law for Florida on
Answered on Sep 26, 2016

Do you mean "submitted"? I suggest you ask your attorney.
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Q: Can I sell merchandise w/images from a book that states they are copyright-free? Illustrations from 19th century artists

1 Answer | Asked in Business Law for Florida on
Answered on Sep 20, 2016

If they are reproductions of works by 19th Century artists, and if the images were first published before 1923, the images would be in the public domain. It is not clear from your post whether or not this applies.
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Q: Property owner cancelled professional property mngr. services after I signed lease. Is this a breach?

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Florida on
Answered on Sep 17, 2016

Unless it was guaranteed in your written lease then no. Advertisements are not binding contracts.
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Q: Can I sue my partner for selling a domain that was registered by him and I don't have anything in writing.

1 Answer | Asked in Business Law and Contracts for Florida on
Answered on Sep 11, 2016

Unlikely, sounds like a shady deal you got hustled on; and it will cost way more than $300 to retain a lawyer. Next time have a lawyer review what you are signing to make sure you have protections.
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Q: Any recourse after buying a used car that broke down tow (2) days after purchase?

1 Answer | Asked in Business Law and Civil Litigation for Florida on
Answered on Sep 1, 2016

same answer as last time you asked. Used car has on warranties and you could have has a mechanic check it before buying. Likely no remedies.
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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: Signed a non compete contract with a truck company for training saying I cant drive for anyone because I'm still under

1 Answer | Asked in Contracts, Business Law and Employment Law for Florida on
Answered on Aug 3, 2016

The period of time during which you didn't have a license still would count toward the eight months. The non-competition agreement has expired and they cannot enforce it.
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Q: design an illegal content app

1 Answer | Asked in Personal Injury, Business Law and Internet Law for Florida on
Answered on Jul 21, 2016

I believe I answered this but if the risk is jail time you always want to contact a criminal defense attorney and if necessary pay for the consultation. Depending on the nature of the site, if it was for instance involved in child porn or a fraudulent scheme it's possible you could face charges.
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Q: I had to close a business due to lack of funds, my employees are due 2-3 weeks of salary.

2 Answers | Asked in Business Law, Civil Litigation and Employment Law for Florida on
Answered on Jul 5, 2016

They could sue the corporation, but would probably not be successful in suing the corporation, assuming that they were employed by the corporation and that you didn't personally guarantee their pay.
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Q: I was a Victim of a Bank or Business Scam, I do not know the type of lawyer to get.

1 Answer | Asked in Criminal Law, Personal Injury, Banking and Business Law for Florida on
Answered on Jun 28, 2016

First you need an accountant, secondly you need a consumer attorney--look for a local member of naca (www.naca.net)
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