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Ohio Business Law Questions & Answers
1 Answer | Asked in Business Law, Civil Litigation and Employment Discrimination for Ohio on
Q: What are the negative consequences of settling out a discrimination case against my small business? (barring publicity)

I had an upcoming scheduled deposition on a case that was a guaranteed win. The plaintiff's attorney knew this and did not want to go to trial or come out of his pocket any further. He has simply been trying to get me to spend enough that settling is the better option.

I am not... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Sep 26, 2023

You should immediately settle for the $2,000 if that offer is still on the table. It will cost you much more than $2,000 to defend the matter at trial. If Plaintiff recovers any amount of a judgment, he will be awarded attorney fees under employment discrimination fee shifting provisions. Most... View More

2 Answers | Asked in Business Law and Real Estate Law for Ohio on
Q: Who to file a lien against, the service location or the business that hired us?

I am in Ohio. My company performed a service at a business location. The company that hired us is an entirely different company, a contractor for the business location. The company that hired us refuses to pay us. We are going to file a lien, but need to know if we can file the lien on the... View More

Joseph Jaap
Joseph Jaap
answered on Sep 8, 2023

The mechanic's lien must be recorded in the county recorder's office against the real estate on which the work was done using the proper legal description. There are very specific requirements and time limits to file a valid lien. Use the Find a Lawyer tab to retain a local real estate... View More

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1 Answer | Asked in Business Law, Landlord - Tenant and Municipal Law for Ohio on
Q: My neighbor runs a business training & boarding dogs at the house he rents. Does he have to have permits or licenses?

He boards them when he is training them.

T. Augustus Claus
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T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 3, 2023

In Ohio, running a business training and boarding dogs may require permits or licenses, depending on local regulations and zoning laws. It's essential for your neighbor to check with the city or county authorities to determine the specific requirements for operating a dog training and boarding... View More

1 Answer | Asked in Estate Planning and Business Law for Ohio on
Q: In Ohio, if a spouse (who became an LLC member before marriage) dies, does the surviving spouse automatically...

Become the assignee of the deceased member's portion of interest in the company? Or can the LLC's operating agreement keep them from receiving any of the profits generated yearly by the LLC until dissolution of the company?

Matthew Williams
Matthew Williams
answered on Mar 11, 2023

One spouse may certainly inherit the other’s interest in the LLC or part of it. It’s not exactly automatic. Exactly what depends on the total estate, other heirs, and terms of any will, prenuptial agreement, or other contracts. Inheriting is not exactly the same as being an assignee but the... View More

1 Answer | Asked in Business Formation, Business Law and Real Estate Law for Ohio on
Q: Does transfering property into an established Partnership-LLC affect ownership levels, like initial capital contribution

If I were to be in a partnership LLC, and my partner wants to transfer a property into the company, would that automatically affect his amount of ownership like an initial capital contribution would? Or is there a choice to not give over ownership for the contribution to the company

The... View More

Nicholas P. Weiss
Nicholas P. Weiss
answered on Dec 22, 2022

This first question is "what does your operating agreement say about it?" If you don't have one, then the question becomes whether this is being transferred for value received, transferred without value, and why the transfer is being made.

If it is being made for value from...
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1 Answer | Asked in Contracts and Business Law for Ohio on
Q: If an Ohio corporation does not have bylaws, does Ohio code detail how stock sales are to be conducted?

Do stock transfers then have to be recorded on the shareholder ledger?

What if some of the original stock certificates have been lost?

Do company officers have to sign off on the transaction?

Joseph Jaap
Joseph Jaap
answered on Dec 19, 2022

Ohio Revised Code Chapter 1701, https://codes.ohio.gov/ohio-revised-code/chapter-1701, provides the legal framework for an Ohio for-profit corporation, and specifies procedures for issuing and transferring stock, which should be recorded in a ledger or other records of the corporation by the... View More

1 Answer | Asked in Business Law, Employment Law and Contracts for Ohio on
Q: I work for a company in Ohio that is requiring employees to pay for damages to company equipment. Is this legal?

I believe section 4113.19 prohibits deductions from employee wages; but are there any other sections that I can reference to help get a better idea of what’s legal?

Additionally, what constitutes an “express contract”? I’m sure the “contract” was somewhere in the mountain of... View More

Matthew Williams
Matthew Williams
answered on Nov 29, 2022

The code section you've cited permits employers to deduct from wages for damages to company property, provided there is an express contract between the employer and the employee putting the employee on notice that he or she will be held accountable for damaged property and equipment. An... View More

1 Answer | Asked in Business Law for Ohio on
Q: If I own a company, and own a piece of property. Can I lease my property to my own company???
Joseph Jaap
Joseph Jaap
answered on Jun 21, 2022

Yes you can. Use the Find a Lawyer tab to retain a local attorney to advise you of the proper action your company should take to authorize leasing from you, and also to draft a lease. There might also be income tax issues, so talk to your business tax advisor.

1 Answer | Asked in Copyright, Business Law and Internet Law for Ohio on
Q: Legality of showing websites we've built for marketing agencies in our portfolio?

We previously worked for a Chicago-based Marketing Agencies developing websites. We're wondering now if we can display those websites in our portfolio legally. There was no written agreement with the agency. We're worried about getting sued if the agency sees those websites in our... View More

Joseph Jaap
Joseph Jaap
answered on Apr 26, 2022

If there was no written agreement with those agencies, then you retain the copyright in the materials that you created for them. They have the right to use the websites, but you actually own the copyright. Use the Find a Lawyer tab to retain a local intellectual property attorney to review the... View More

1 Answer | Asked in Consumer Law, Tax Law, Appeals / Appellate Law and Business Law for Ohio on
Q: I.ve been erroneously garnished by the tax dept I am looking for the best course of action after....

They think I am running a business that has been defunct for 9 years. I produced evidence that this was not the case and proof I made them aware of this years ago. I sent this to the tax office, Attorney General and the courts. They were dragging their feet so I contacted Ohio Senate and got them... View More

David Ostrove
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David Ostrove
answered on May 25, 2023

Keep om writing to the authorities not less often then every three weeks. Explain everything, in detail. Do not give up. Eventually you will indeed get their attention and they will respond in a correct positive manner. Don't give up!

DAVID OSTROVE

Attorney at Law

6157 Wooster Ave

L.A., CA 90056

2 Answers | Asked in Personal Injury and Business Law for Ohio on
Q: I want to refund a customer as a courtesy because she is having a reaction

Will this hold me liable or admit fault and leave me open to being sued at a later date even though I am not admitting fault

Nicholas P. Weiss
Nicholas P. Weiss
answered on Apr 5, 2023

You have a low likelihood of being deemed to have admitted fault by giving a refund. Businesses give refunds for things for unhappy customers all the time.

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1 Answer | Asked in Business Law, Civil Litigation, Consumer Law and Federal Crimes for Ohio on
Q: I live in Ohio, I was hired with the understanding I had the card. Hr found out and terminated due to drug policy.

They are a BWC drug free workplace but I was 10-99 and not even an employee. I never took a pre or post drug test. Is this legal?

Nicholas P. Weiss
Nicholas P. Weiss
answered on Mar 16, 2023

Yes. Even if you were an employee, Ohio allows for termination of employees who use medical marijuana.

1 Answer | Asked in Business Law, Contracts and Insurance Defense for Ohio on
Q: House was damaged while under contract and lost value in sale, can home insurance company be held liable?

While under contract for sale, pipes froze and burst causing extensive damage (we had already relocated so it was not caught immediately.) The buyer went through with the sale but at a $25k reduction in price. Can I ask my home insurance company to compensate me for this loss in value?

Joseph Jaap
Joseph Jaap
answered on Dec 30, 2022

Whoever owned the home at the time of the damage turns in a claim to their insurance company.

1 Answer | Asked in Family Law and Business Law for Ohio on
Q: Can a wife take over financial ownership because her husband is incompetent & his sister currently has power of attorney

His sister has had power of attorney for about 25 years and his wife of 12 years (together 16) is trying to get financial ownership of her and her husband, over his sister.

Joseph Jaap
Joseph Jaap
answered on Sep 19, 2022

Spouse can file for guardianship in probate court, which would terminate the sister's POA. Spouse should use the Find a Lawyer tab to retain a local probate attorney who handles guardianships.

1 Answer | Asked in Business Law for Ohio on
Q: If I have an LLC and I want to start a clothing brand. Does my brand logo have to be the same name as the LLC
Matthew Morris
Matthew Morris
answered on Apr 8, 2022

No, not unless you want it to be.

Your LLC is a company, and it can have (pretty much) any name you want it to have. I say "pretty much" because your company has to have a name that is different enough from other companies that it will not cause confusion. Your brand name and...
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1 Answer | Asked in Employment Law and Business Law for Ohio on
Q: Do I have a lawsuit if other employees at my job are harassing, intimidating, and bullying me with no consequences

There was a employee group chat started that included every employee except for me, where I was the topic of conversation and only negative things that were very defaming were said by two of my employees and even my general manager chimed in. When I brought this to my district managers attention... View More

Joseph Jaap
Joseph Jaap
answered on Mar 9, 2022

That's probably something you should first discuss with the company HR department. If you are being harassed, then you might have a claim against the company if it fails to act. So in that case, use the Find a Lawyer tab to talk to a local employment law attorney.

1 Answer | Asked in Business Law for Ohio on
Q: My business partner passed away and we have no partner agreement. We are an S Corp how do I move forward?

Not sure what needs done to continue on with the business as myself as sole owner. My partner is my sister.

Joseph Jaap
Joseph Jaap
answered on Feb 9, 2022

The executor or administrator of the estate of your deceased partner will have to list the partnership interest as an asset of the decedent's estate and distribute it according to the decedent's will, or if no will, then as provided by Ohio law for those without a will. Use the Find a... View More

1 Answer | Asked in Business Law for Ohio on
Q: I have decided to discontinue my business. If I end my LLC, would it prevent a future lawsuit against me personally?

This is a 16 year business with a formed LLC. I would like to continue my LLC in a completely different type of business, but not if it leaves me open to future lawsuits pertaining to the business that I'm ending. Would it benefit me to end my current LLC and form a new LLC for my new venture?

Joseph Jaap
Joseph Jaap
answered on Jan 26, 2022

It depends on many factors, the nature of business, the type of business liability insurance, etc. Use the Find a Lawyer tab to retain a local business attorney who can review all the facts and circumstances and advise you of your options.

2 Answers | Asked in Business Law for Ohio on
Q: I loaned a friend $75,000 to start up his business. We signed a contract and he has missed two payments
Joseph Jaap
Joseph Jaap
answered on Dec 31, 2021

If you can't work out a payment plan, then you will have to sue him and/or his company, depending on which was the borrower. You can sue in common pleas court, and you will need an attorney. Use the Find a Lawyer tab to retain a local litigation attorney. But he could file bankruptcy or the... View More

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1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: Can I start a business. That hires another business to do the work?

Example if I have a window cleaning business. And I hire another company to do the actual work.

Joseph B. LaRocco
Joseph B. LaRocco
answered on Dec 20, 2021

Yes, this is commonly done in many businesses including web-development, construction, various service businesses, and software development. The only exception would be if you sign a contract with the customer stating you will do all the work or that you represent you "will not"... View More

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