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Ohio Business Law Questions & Answers
1 Answer | Asked in Criminal Law and Business Law for Ohio on
Q: Can the electric company ask for person information regarding my husband's incarceration?

I am trying to switch the electric bill to my name since my husband has been incarcerated. Can they legally ask for his incarceration dates, where he's being incarcerated, and his inmate number?

Tim Akpinar
Tim Akpinar answered on Aug 27, 2020

An Ohio attorney could advise best, but your question remains open for a week. If they have a policy along the lines of of "reserving the right to obtain any and all information in furtherance of maintaining the integrity of accounts... ," or something to that effect, it could be... Read more »

1 Answer | Asked in Business Law, Contracts, Health Care Law and Collections for Ohio on
Q: Can do anything to fight my health insurance company for an over payment claw back? What type of lawyer do I need?

I started a new career 2 years ago and was able to get health insurance through my company. I have some health issues, so rather than cancelling the insurance coverage from my wife, I had her policy switched to my secondary insurance and my new policy as my primary. Yesterday we received a stack... Read more »

Tim Akpinar
Tim Akpinar answered on Aug 26, 2020

An Ohio attorney could advise best, but your question remains open for two weeks. What type of lawyer? It looks like you already did a good job of identifying the categories - health care law and collections. You could reach out to attorneys in those categories. If you engage an attorney who would... Read more »

1 Answer | Asked in Business Law for Ohio on
Q: My dance students paid money to enter competitions but the events were cancelled due to COVID. How can I get refunds?

Competitions are only giving credit, but some of our dancers are not returning to classes. Parents want a cash refund which involves thousands. Basically the competitions are holding our money forcing us to return to their competition.

By law do I have to give these refunds if I have not... Read more »

Mark Martin Turner
Mark Martin Turner answered on Aug 19, 2020

Clyde,

The answer is it depends. For the Competitions, the contract the studio/club signed with the Competition legal entity will control that. If the contract says that if the event is canceled or postponed you only get credit, not your money back, that controls. If it is silent about...
Read more »

1 Answer | Asked in Business Law for Ohio on
Q: What restrictions are there for disclosing confidential business information if you feel it may not be accurate?

I’m an investor in a privately held company. The company emailed us investors financial statements for 2019 that included settlement amounts from a lawsuit involving an individual. That individual has asked me to provide the specific details regarding the settlement details from the provided... Read more »

Mark Martin Turner
Mark Martin Turner answered on Jul 20, 2020

In general, you should not disclose settlements, either that they happened or the amount to anyone outside of the investors of the privately held company. It is highly probable that the settlement agreement itself has a confidentiality/non-disclosure provision that prohibits the disclosure of the... Read more »

1 Answer | Asked in Consumer Law, Business Law and Gov & Administrative Law for Ohio on
Q: Is it legal in Ohio for retailers to refuse cash payment? All US monies have "Legal Tender" on them...

Most retailers in our area are refusing cash payment and instead are requiring you to pay via card or some sort of cash app.

Mark Martin Turner
Mark Martin Turner answered on Jul 16, 2020

Yes, it is legal for a private business to accept only some sorts of payments and to refuse cash payments. A governmental institution or chartered bank cannot refuse cash.

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for Ohio on
Q: In Ohio, can tan employer request a background check before making an offer?

The Company is in Cleveland Ohio, and requesting a complete background check. No offer made.

Hunter G. Cavell
Hunter G. Cavell answered on Jul 9, 2020

There are very specific privacy laws surrounding this. Talk with an employment attorney. Also, background checks are not free, so it is a good sign that they are requesting it, but I have only heard of background checks requested after a conditional offer is made and accepted. Talk to an employment... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Ohio on
Q: Laws about working a shift that harms a medical condition.

What are the laws concerning making someone with a medical condition work a shift that would cause the medical condition become worse? I have a seizure disorder that flairs up due to inconsistent sleep cycles and my employer was scheduling me an overnight shift despite me telling them I was... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 8, 2020

An Ohio attorney could advise best, but your question remains open for four weeks. Two options you could consider are (1) reposting your question under Ohio Employment Law, which might be a closer match as a category for the issues you describe (but keep in mind that you would be discussing a... Read more »

1 Answer | Asked in Business Law for Ohio on
Q: It is right for an accountant to send a large bill when you were only emailing and was never informed of a fee.

I contacted this accountant to have my sales tax set up for when I started making sales. He quoted me a price of $50.00 which I agreed to. We were emailing back and forth and I was asking him questions which he did not fully answer. A few days later I received a bill for $490 dollars. I was in... Read more »

Hunter G. Cavell
Hunter G. Cavell answered on Jun 29, 2020

Do you have an engagement agreement with the accountant? If so, then the services and rates should be in it. If not, then it will be harder for the accountant to collect, although I would attempt to work it out with the accountant first, explaining everything you have written here, and an offer to... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Ohio on
Q: If I am sueing a business for partial ownership can I force them to close while the dispute is being settled?
Nicholas P. Weiss
Nicholas P. Weiss answered on Jun 28, 2020

Unlikely. If there is a true ownership dispute and control over everything then the court will likely appoint a receiver to manage the company while the dispute is resolved.

1 Answer | Asked in Business Law and Civil Litigation for Ohio on
Q: Private Company Stock Ownership Dispute

My Dad had ownership in a private company and he passed away about a year ago. His brother is claiming he bought my Dad's shares out 15 years ago. My Dad did sell part of this shares (about 30% of his shares were sold) to him about 15 years, but not all of them. My Dad never got a copy of the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Jun 27, 2020

In Ohio, the Estate would have an interest in the Company, and the Estate would file a complaint to determine the ownership interest of the Estate. The Company would have ledgers of the stock transfers or the sale of membership units. There would be articles of incorporation or organization and... Read more »

1 Answer | Asked in Copyright, Business Formation and Business Law for Ohio on
Q: Creating a online program to help pass state testing. Can I use questions from the textbook in the program

Should I reword questions or cite sources or both ?

Joseph Jaap
Joseph Jaap answered on May 19, 2020

Test questions are subject to copyright. And the testing companies have enough money to go after infringers.

1 Answer | Asked in Business Law for Ohio on
Q: Can a client who makes a reservation for a group (i.e. family photos) sign a liability waiver for the entire group?

Can a client who makes on online paid reservation to rent out our space for a family photo sign a liability waiver for the entire group? Or would we need to collect a signature from each person?

Mark Martin Turner
Mark Martin Turner answered on May 9, 2020

As a general rule, no. A parent may waive the liability of a minor or incompetent person under their legal charge. But not for another adult. I am assuming that this example is a true family, with multi-adults, not a company photo where there is a single liable person/entity.

The best...
Read more »

1 Answer | Asked in Criminal Law, Business Law and Civil Litigation for Ohio on
Q: How to fire a rouge board member completely?

In accordance with our Bylaws, we have fired two board members, we have followed all the procedures as explained in your Constitution. However, these 2 members are being stubborn. They manage to take some of the organization’s fund and they are holding it hostage with them. For the past 9 months,... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 18, 2020

If they have been fired and removed then they are committing criminal trespass and you should call the police report theft and trespass.

On the civil side, if they are refusing to return property, then you can bring a cause of action against them for civil conversion, civil theft, and...
Read more »

1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: If I win something. Then the person asks me to pay for shipping, am I allowed to keep what he sends me?

.

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 9, 2020

Can you provide any more information on this question? It's not clear what the legal issue is. Did you win something in a competition but you have to pay postage?

1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: Do I form 2 LLCs or just 1?

I want to form an LLC form my freelance graphic design company, Im the only employee for now. I also wish to sell t shirts, posters and such under same brand. Like how Disney for example creates movies and sells apparel. Would I need to form two seperate LLCs or just the one and create a dba for... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 24, 2020

There are both legal issues and tax issues to consider. You'll first need to talk to your business tax adviser about your tax situation and the plans for your business, to determine the preferred organization structure. Then use the Find a Lawyer tab to retain a local business attorney to... Read more »

2 Answers | Asked in Business Law and Contracts for Ohio on
Q: Ohio Contract for home remodel. Client paid retainer fee to company that contracted but client decided to change plans

Plans kept changing totaling more than what was agreed and client failed to extend more payment for additional updates and provide a written change of order. Contract outlines that without written notice contractor can cancel. Client agreed to contract terms prior to start and now wants to sue the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 7, 2020

The contractor being able to cancel without notice does not, by itself, mean that the contractor is not responsible to return the "retainer fee". The contract should provide under what circumstances the "retainer fee" can be kept, and under what circumstances the "retainer... Read more »

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1 Answer | Asked in Child Support and Business Law for Ohio on
Q: What is the legal liability of the Employer knowingly participating in a scheme to prevent court-ordered child support?

The employer allows the employee to circumvent paying child support by paying the employee through a corporation designed to defraud the Child Support system.

Joseph Jaap
Joseph Jaap answered on Jan 24, 2020

Talk to the local prosecutor's office. It would be their decision whether to to investigate.

1 Answer | Asked in Business Law and Child Support for Ohio on
Q: Some individuals in the State of Ohio are incorporating in an attempt to avoid paying back child support. Is this legal?

The newly formed corporation now bills the employer and gets paid because the money goes to the corporation and not the individual. Child support is not aware of the new arrangement and thus the individual has been paid with no child support being deducted. Is this a legal way to avoid paying child... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 24, 2020

Child support will still be owed, and the person can be found in contempt for non-payment, and the court can impose sanctions in that person. The person to whom it is owned should use the Find a Lawyer tab to retain a local attorney to file with the court seeking to have the person held in... Read more »

1 Answer | Asked in Business Law, Health Care Law, Personal Injury and Family Law for Ohio on
Q: My mom had a heart attack and has been in the hospital over a month and her job wont respond to calls

trying to get my mother medical and financial assistance but her job refuses to answer or take calls from us or the hospital

Tim Akpinar
Tim Akpinar answered on Jan 22, 2020

I'm sorry for your mom's heart attack. Contact the hospital administration where your mom is staying. The billing and collections department could try to investigate what insurance programs she may have coverage under. If her workplace did not provide insurance, contact the social... Read more »

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Ohio on
Q: Can I sue my previous employer for hiring for a position in one city(moved 2 city) and then they assign me 2 diff city?
Greg Mansell
Greg Mansell answered on Dec 20, 2019

An employer has the ability to transfer its employee. Absent an employment contract, it does not violate the law for them to assign you to a different city. If you are at will, you are free to quit if you do not wish to travel to the new city.

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