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 
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
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
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
He boards them when he is training them.
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
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?
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
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
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... View More
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?
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
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
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
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.
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
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
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
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
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
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.
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?
answered on Mar 16, 2023
Yes. Even if you were an employee, Ohio allows for termination of employees who use medical marijuana.
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?
answered on Dec 30, 2022
Whoever owned the home at the time of the damage turns in a claim to their insurance company.
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.
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.
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... View More
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
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.
Not sure what needs done to continue on with the business as myself as sole owner. My partner is my sister.
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
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?
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.
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
Example if I have a window cleaning business. And I hire another company to do the actual work.
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
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
