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answered on Mar 30, 2017
A lawyer will need to review the specifics of what "therapy" is being provided. As a general rule, certain types of assistance with finding employment does not require licensing in Colorado. If you are referring to VA work, full compliance with state and federal rules usually required.... View More
I'm the property manager of a local motel. My wife& I were hired as a team,only she was terminated after the owner found out that wife had filed a complaint with the U.S. D.O.L. &found owner in violation and an assessment was made for collection of back wages. That 9 months ago. New... View More
answered on Mar 29, 2017
This is a direct legal question. Justa's Q&A is not intended to provide specific legal opinions or advice because this would create an attorney-client relationship. You will need to contact an attorney directly.
As a general rule probation officers have limited powers related to... View More
The partnership owes no back taxes. I personally bought all the equipment, supplies. My partner will become my employee. The split/change is amicable, with no disagreements to ownership, naming, clients, or anything else, and we will still be working as usual. I don't know whether to dissolve... View More
answered on Mar 29, 2017
Sell the partnership (assets and membership/profit interests) to you as an individual for whatever price is deemed fair by all, But consider an LLC, which protects personal assets, as an alternative to a sole proprietorship.
Hi, I recently got solar panels last year that is going to cost $24,360, at the end of the year they will give are me an invoice, which they did, then when i go and do my tax\ I am suppose to receive 30%. But when I went to go do my tax I owed tax so I didn't get any money back but did save... View More
answered on Mar 28, 2017
You can contact an attorney directly to review the specifics of the agreement you signed. I would assume that the solar panel company disclaimed any assertions for a specific savings related to the install, but you never know. The phone recording may be material, but oral statements are usually... View More
We are in the process of becoming a non profit
answered on Mar 4, 2017
If you are seeking non-profit status from the IRS, a significant factor in the consideration is compensation. If you received a salary or percentage of the profits (e.g. a partnership) your total compensation and banking information are highly relevant. This is less for the non-profit itself, but... View More
The "managers apt" has never had heat due to the pipes being removed during a remodel a few yrs ago.Owner is providing a residence that is in violation of state codes which disqualifies her from getting the 3M credit. This is our 2nd winter up here w/o heat.
2) Because I still... View More
answered on Jan 24, 2017
I am not sure how the US Dept. of Labor is related to landlord tenant issues. Are you asking how a person who allegedly has an uninhabitable apartment for lease can also receive a federal grant? If so, a US DOL grant is not related to civil landlord-tenant disputes; some criminal charges can impact... View More
I want to pay this young artist for work for video production (logos, etc.) because they are incredibly good. He turns 16 in January, but in order to protect myself I'm just curious if it would be legal to pay him commission as agreed on both sides for the artwork. His parents are okay with it... View More
answered on Jan 9, 2017
There is nothing illegal with employing a minor provided that the employment stays within the limits of state labor laws (mostly related to hours working and ending at a certain time in the evening). If you are commissioning artwork it is likely that this employment does not run afoul with any... View More
I was recently fired three years ago for a possative UA but was hired back on with no UAs now am being threatend with UAs but never sign a policy
answered on Dec 21, 2016
Generally no. If you are part of an union, there is a possibility that the addition of new terms to employment is outside the scope of an union agreement. If you are not part of an union, like most, an employer can UA provided that the practice is non-discriminatory
There is also sexual harassment during an employee meeting with at least 3 witnesses and the company wants to do nothing about it. They also owe for 13 years of unpaid overtime. I know my rights. What can be done about this?
answered on Dec 14, 2016
More information is needed to make an accurate assessment of your case. This type of matter would be better served with an actual client consultation with an employment/discrimination lawyer (creating an attorney-client relationship and the privacy that this entails). Many attorneys offer free... View More
For a NFP, private corporation, the annual shareowner's meeting with my first secretary position at it, or any other there, was this: At roll call, I accepted on good faith having trust for our treasurer that he did have the proxy for another shareowner's half-share when said. Having an... View More
answered on Dec 5, 2016
This is question requires a direct legal opinion. This is outside of the scope of Justia's Q&A which is restricted to general legal questions. You will need to contact a business lawyer directly to get a legal opinion.
As a general rule, the Secretary must fully comply with the... View More
Now a real estate investment trust that was never transferred wants to foreclose on (a) property(s) which secured a loan. They need permission from beneficiaries but one of them is dead and the financial instrument was never properly transferred to the heirs. It is in the estate of another dead... View More
answered on Nov 2, 2016
Contact an attorney who handles probate litigation. As a general rule, the PR is personally liable for all errors and/or negligence in the management of the estate. As for recording in the lawyer's office, unless the location was a public place, the attorney likely has the right to prevent... View More
answered on Nov 1, 2016
Yes and no. Some taxes (e.g. property tax, sales tax, employment taxes, ad valorem, etc.) are due regardless of income (or loss). For income tax at the federal and state level, most businesses operating at a loss do not have a tax liability, but are usually required to file a tax return. Even if a... View More
answered on Sep 28, 2016
Generally no. It may be possible to not define a person as an employee/independent contract based on the circumstances. Contact a tax professional (tax attorney or CPA) for guidance.
I have a $1M+ asset I want to put into a corporation (for some instant basis for a valuation) and subsequently issue common stock (or founders stock?) to raise cash for development of the asset. Given the goal of the effort, issuing stock to an attorney to help with this seems like a good idea. So... View More
answered on Sep 28, 2016
It is possible, but for the attorney there are significant conflict of interest issues. Many attorneys will not work under this type of arrangement, but some will. Contact the attorney(s) you are interested in hiring to see if they will accept these terms.
My business partner was the only personal guarantor on the 3 business credit cards although I see in his filing he listed me and the company as "co-borrowers". Will I/company be liable for this debt even though we were not guarantors? We really only had credit card debt is there anything... View More
answered on Sep 27, 2016
If you did not guarantee anything then you are not liable for strictly corporate debts. Concerning the stock, if it has any market value the trustee will try to sell it. Minority ownership interests in a closely held corporation are often worth very little, but I would need more information to... View More
I'm a manager at a business, and due to legal restraints, we can not make sales after 7pm (mst). Therefor, in the interest of avoiding situations where in which we may be helping a guest and then have to cancel the sale simply because of the time-of-day.
answered on Sep 25, 2016
False advertising claims require the following elements (all must be meet for a legitimate claim): (1) false/misleading statements about a product; (2) deception (or tendency to substantially deceive); (3) the deception is material; (4) likelihood of injury to a party; and (5) interstate commerce... View More
Can any one of us fire or force out another? I assume yes, with lots of time, money and lawyer. Is this difficult to do? Am I "protected" with the separation agreement stating I am keeping my ownership? I live in CO, I don't know why TX came up.
answered on Sep 22, 2016
Without looking at all the incorporation documents I cannot discuss all the potential way in which an owner's interest could be bought-out, so I will focus on general corporate rules. If you are an interest recorded in the incorporation documents, you cannot be forced out under any conditions... View More
answered on Sep 9, 2016
Amending the ownership change is a relatively simple filing with the Sec. of State's Office; that is, you need the same information that was providing with the most recent filing (or incorporation filing). There are significant tax concerns related to how the withdrawing owner is compensated... View More
Does this mean that I need to hire a professional cleaning service and have all the carpets cleaned professionally?
answered on Aug 8, 2016
This is not a standard "term of art" for the legal community. Try looking at the document to see if a definition is provided. If not, you need apply to a "plain and ordinary reading". My personal reading is that a professional or a non-professional can clean, but it must look at... View More
I have accrued vacation hours and recently left the job. Colorado labor laws say that I am entitled to pay from my employer for accrued vacation, but Florida does not have that specific law. Will I have the right to ask for the accrued vacation pay with Colorado's laws?
answered on Aug 5, 2016
Check your employment contract to see which applicable state law applies. As a general rule, FL law should control unless the company has a physical presence in CO or conducts significant business in CO. If you want specific advice you may want to contact an employment lawyer.
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