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Virginia Business Law Questions & Answers
1 Answer | Asked in Business Law, Contracts and Employment Law for Virginia on
Q: Contract Law question. My contract says that I have to give four (4) months advance notice to quit the job.

I am working in a privately owned medical field. And the owner of the practice put that I have to give 4months advance notice in order to quit.

I believe it is too long to find another job in that time period. I have other positions available that are looking for my job right now.... Read more »

Steven Krieger
Steven Krieger answered on Oct 28, 2020

I don't think 4 months is really enforceable, but it really depends on the language in the contract and how it's spelled out and if there are any details about damages. You may want to have an attorney review that provision for you. Good luck.

1 Answer | Asked in Banking, Business Formation, Business Law and Securities Law for Virginia on
Q: Does a company need to register as a financial advisor if partners or members are only buying/selling securities?

Wanted to know because I'm looking to open a partnership or llc. No financial advice will be given to partners or members. One person would do all the transactions on behalf of company. This is for investment purposes.

Robert W. Pearce
Robert W. Pearce answered on Oct 8, 2020

If the transactions are by the Managing Member or General Partner for and only on behalf of the company in only its private securities account and the company is not in the business of just buying and selling securities as a Broker or Dealer then in my opinion no registration would be required.

1 Answer | Asked in Criminal Law, Business Law, Civil Litigation and Identity Theft for Virginia on
Q: My personal information was stolen by a business employee. What are my options?

I ordered food from a local sandwich shop. A few days later I received a call from a person claiming to represent that shop, who then tried to solicit me for "opportunities for extra cash" from PFS Incorporated. Which is not affiliated with the sandwich shop at all. This shop employee... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 18, 2020

I regret that I do not handle criminal law matters. Sorry.

1 Answer | Asked in Business Law for Virginia on
Q: How do you get rid of an agent to a LLC who objects to the original purpose?

There is no operating agreement on file. However, there are official minutes and a general operational procedure over the years. The person acting as agent wants to take over the LLC and run it for the agents benefit. How can we enforce the original [purpose and remove the agent?

Shafeek Seddiq
Shafeek Seddiq answered on Jul 24, 2020

I suggest you talk to a lawyer and show the documents to determine the relationship of the agent (assuming you mean registered agent) with members and the LLC.

1 Answer | Asked in Business Law, Civil Litigation, Collections and Landlord - Tenant for Virginia on
Q: If a UD case is non-suited, is there any way to seal this or otherwise keep it from being uploaded to the Internet?

Related to the prior question: "Can I seal or expunge an eviction record in Virginia pursuant to § 19.2-392.2

The case did not result in an eviction nor a collection" You will see a lot of these as first time civil defendants seek to pay arrears after Unlawful Detainer (UD)... Read more »

F. Paul Maloof
F. Paul Maloof answered on Jul 20, 2020

In Virginia, eviction matters are generally not under seal. You may want to seek a formal opinion from an attorney in the jurisdiction where you reside on your questions.

2 Answers | Asked in Business Law and Civil Litigation for Virginia on
Q: our partner who was running business took unilateral decisions with our knowledge and incurring huge loss to us

penalties form from franchise & Credit Card Debts

F. Paul Maloof
F. Paul Maloof answered on Jul 15, 2020

It seems like a criminal matter so you should call the police or the FBI.

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1 Answer | Asked in Consumer Law, Products Liability, Business Law and Gov & Administrative Law for Virginia on
Q: I ordered an item from etsy. Cant pay import fees.

Ordered $23 item did not know it was coming from Europe. Seller wont cancel. What happens if i dont pay duties/import fees.

Tim Akpinar
Tim Akpinar answered on Jul 4, 2020

A Virginia attorney could advise best, but your post remains open for five weeks. You could check their terms of service, or if there are internal provisions for resolution of disputes. Good luck

Tim Akpinar

1 Answer | Asked in Business Law, Contracts and Employment Law for Virginia on
Q: Is it violating non-compete if I work for subcontractor of competing company?

.

Shafeek Seddiq
Shafeek Seddiq answered on Apr 13, 2020

It depends on what your non-compete says. Non-compete, also knowns as restrictive covenants, prevents employees from stealing employer secrets and customer after their employment ends. It can also prohibit employee from contacting employer's customers, prohibiting you from working for someone... Read more »

1 Answer | Asked in Business Law and Employment Law for Virginia on
Q: What is the difference between business litigation and employment litigation?
Tim Akpinar
Tim Akpinar answered on Feb 29, 2020

Business litigation deals with business matters such as the sale of goods, breach of contract, challenging corporate structures, and other areas, many of which are related to contract law. Employment litigation is more focused on matters that arise in the workplace, such as discrimination, wrongful... Read more »

1 Answer | Asked in Business Law and Civil Litigation for Virginia on
Q: My LLC is being sued along with me as an individual. How can I separate the two so I can defend myself?

Basically I've been hit with a frivilous lawsuit from an old advisor who has dragged out the court process long enough to bankrupt me. I'm trying to make it to court so I can get the case thrown out, but since the LLC is attached I can't defend myself. Is there a way to separate... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 18, 2020

The answer to your question will depend on what is alleged in the lawsuit that was filed against the LLC and against you. There is no general answer like one size fits all.

1 Answer | Asked in Banking, Business Law, Civil Litigation and Libel & Slander for Virginia on
Q: Nat. company’s website refers to a hired person’s “bio” & includes false claim of starting event that’s yours. Sue comp?

Their is the local branch that the person was hired but the person works all over the country with the large nat. company. It is still active on the website. I know they scrubbed social media for everything/ anything when he hired, but the liar wrote this bit and they missed it. Can I file a cease... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 16, 2020

Many of the answers to your questions depend on the particular facts that are involved in your case. You should definitely confer with a lawyer and get a formal opinion.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Gov & Administrative Law for Virginia on
Q: 850k If an attorney erases 3 lines in a copy of a contract he gives to a judge, is there a way to deal with it swiftly?

$850,000

The original contract is on file and his client stated he had possessions, that are the contract stated, he had no knowledge of the list and if found he would return. Apdx A was the 100k. list items. It a custom contact 3 pg doc. with appendix A list.. page contract written on the... Read more »

F. Paul Maloof
F. Paul Maloof answered on Feb 16, 2020

It is no clear what is your question but if there was a judgment entered against you, you should file an appeal asap.

1 Answer | Asked in Bankruptcy, Immigration Law and Business Law for Virginia on
Q: The JCE in an EB-5 case is terminated during I-526. Will our case be denied? Can I get back my money? What should I do?

The LLC that we have invested fund in our EB-5 case, has terminated. Our case is still waiting on response from USCIS for I-526. The case has been received in 2016 and I don't know when the company is terminated.

Timothy Denison
Timothy Denison answered on Feb 3, 2020

Consult an immigration attorney immediately.

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Virginia on
Q: Would reporting gross incompetence of a company to news outlets outlets be covered under whistleblower
F. Paul Maloof
F. Paul Maloof answered on Dec 29, 2019

I regret that I do not handle whistleblower matters. Sorry.

1 Answer | Asked in Business Law, Contracts and Employment Law for Virginia on
Q: How Can a firm charge a client for hiring me if I am not their employee, nor have a non compete contract.

I currently obtain part time shifts through a company that declares I am not an employee, I am an independent contractor. Therefor they can not and will not verify that I work through them. One of the facilities I have been providing assistance to wanted to hire me FT. I was interested. They say... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Nov 27, 2019

If you did not sign any documents or a contract with the employment agency I would be very surprised--because all of them require people like you to do so.

Moreover, if an employment agency or company has been sending you out to work at various places then you can be sure the agency has...
Read more »

2 Answers | Asked in Business Law, Civil Litigation and Contracts for Virginia on
Q: What are the potential risks and liabilities a cleaning business can face?
F. Paul Maloof
F. Paul Maloof answered on Oct 11, 2019

You question is too broad to give you a short answer. If you have a specific question I may be able to answer it.

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Virginia on
Q: Can a company change the rules to a giveaway the day before the drawing?

I am having a difficult time finding a lawyer for this issue. I began playing at the new Rosie's locations since they opened in May, I started playing there when they launched a Giveaway for cash prizes and a car with a cash option if I did not want the car. I played their locations and... Read more »

F. Paul Maloof
F. Paul Maloof answered on Aug 22, 2019

I regret that I do not handle this type of matter. You may want to contact the Office of the Attorney General for Virginia and ask them your questions.

1 Answer | Asked in Contracts, Employment Law, Real Estate Law and Business Law for Virginia on
Q: My mother passed away willing her home to my brothers. The will was notarized, but no witness on it. Is the Will valid?
Tim Akpinar
Tim Akpinar answered on Aug 18, 2019

I'm very sorry for your loss. Your question was probably overlooked all this time because it wasn't in the Probate or Estate Planning categories, where an attorney knowledgeable about wills might have seen it. 'Sorry for this inconvenience, but you could repost and include those... Read more »

1 Answer | Asked in Contracts, Business Law and Collections for Virginia on
Q: Can a vendor keep my deposit?

I paid a singer for an event a deposit, the amount was half the cost of his services. There was no form of contract or agreement created detailing services or if the deposit was non-refundable. About a week after he was paid, and over a month before the event, I decided I no longer needed his... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 8, 2019

This sad incident should convince you--and perhaps teach others who learn about it--to ALWAYS get personal service contracts like this in writing, spelling out all the details. The singer is used to--and happy--to sign contracts; but the singer is probably much happier when folks like you give him... Read more »

1 Answer | Asked in Business Law and Tax Law for Virginia on
Q: I own an LLC, and I have 2 houses which I leave for renting. How can I do taxes for my LLC? Thank you.

Do I need to put 2 these houses into my LLC, or I can leave them separated, and then I still can do taxes for my LLC?

D. Mathew Blackburn
D. Mathew Blackburn answered on May 22, 2019

With no tax elections and no partners the LLC will be reported on Sch C.

The rental should be reported on Sch E if not actively managed or Sch C is actively managed.

If you put the rentals in your LLC you still file them on C or E based on active participation.

The...
Read more »

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