I accepted a new job offer and it requires me to put in my 2-weeks notice to my current employer on the same day I get my 2019 performance bonus paid out. Does my current employer have any legal right to clawback my bonus if it has already cleared in my account?
No. Bonuses, though voluntarily paid on top of other compensation by your employer, are still considered wages in the eyes of the IRS. Bonuses are paid for past performance, with the hope that you will continue to work at that level.
Once they have paid you, they can't take it back. This is... Read more »
I was promoted to a manager position in September. This was to come with a $.50 increase in my wage. I've just noticed today on a pay slip that my wage had not changed at all. After looking over this, my GM raised my wage to the appropriate amount but refuses to back pay as she does not have in... Read more »
You can take them to small claims court. It will cost at least $100 to file the claim. You will need to show proof of when you were made a manager and started doing work that managers do. You will want to weigh the effects of suing your own company with the benefit of obtaining the unpaid $300.... Read more »
What do I need to do to get those voidable contracts voided or what's the next step to repairing the war zone that has become my life because I'm now homeless and I've lost a lot everything my life's work forgive the errors and no punctuation I'm talking into my phone
Not a lot of facts to go off of here, except that you are saying that you signed and recorded some quit claim deeds a few years ago while you lacked capacity and now you want to void the deed.
If you were under duress or undue influence by the person to whom you signed them over to, you... Read more »
motion to dismiss complaint was upheld by judge
The four corners rule basically states that the Court will look no further than the four corners of the document (contract) to determine what the terms of the agreement are. The exception to this is if there are ambiguities in the contract, if there are the Court will look for outside information... Read more »
So the mechanic lein is only paid if the house is ever sold.
Hello,
I am sorry to hear about this. Are they claiming a defect in the work? Did you have a contract that outlined the work and timing of payments?
In any case you have two remedies, you can usually put a mechanic's lien on the real estate, which will have to paid if the house is... Read more »
My CHOICE Home warranty (CHW) policy covers my HVAC
CHW sent a technician to evaluate my HVAC problem
CHW denied my claim:
“It has been determined that there is a restriction in the refrigerant line of the HVAC system. This contamination of the sealed system is the result... Read more »
Lawyers are very intelligent and highly trained professionals--but we are not soothsayers; nor do we do crystal balls. Therefore, I am constrained by a fundamental law of the universe (no one can tell the future) and unable to opine on your current dilemma. The only way you can bee 100% sure if you... Read more »
My boss told me to cancel his Waste Management service because his monthly trash bills were ridiculously high. I contacted them and told them I needed to cancel the service because it's too expensive. We have another provider that will do the same service for 100's less per month. They transfered... Read more »
I do not practice law in Utah--but I am very well aware of how easy it is these days to trick people into doing something they never intended to do. However, that said, I also know how easy it is for THE BUSINESS (not you) to hire lawyer to take up the business' mantle and push back at corporate... Read more »
What type of document would I use for an agreement with a supplier of a product that has agreed to discount the sale price of their product to us in exchange for us optimizing their product listings on Amazon and working to boost overall sales of the product on the Amazon platform?
Thank you for your question; you have created a great teaching opportunity:
Answer: There is no generic form because each contract is different.
FYI: Unlike the military, IRS, government agencies and all other bureaucratic organizations--that love to create standard forms that... Read more »
This depends on your contract. You need to first look at the contract. What are the terms for early cancellation?
I am not aware of any state law that allows someone to back out of a contract within a certain period of time. The best advice I would give would be to look at the contract... Read more »
Yes.
It doesn't matter who the parties are, unless one of them is a minor or if fraud was involved. Non profits are just as liable as other people.
Wes
Landlord did not have space ready by the time lease said. Can I get damages from them even though there is no language in the lease about what happens in this case and no language about damages whatsoever?
In my opinion it would be difficult to persuade a Court that you should get damages. If the lease is silent on the matter, you would have to show detrimental reliance. Meaning, that they knew it would cost you if you didn't get the space on time, and that you relied on their representation that... Read more »
I am now trying to buy a house but they say I'm in a contact for 8 more months. I've lived here 1.5 years after the initial contact was complete. Is this legal? Is this something I can fight in court or is it something I more than likely will lose. They want 3 months rent for fees.
Contracts with auto-renewals are valid. It cuts both ways, if you didn't want to move they couldn't terminate the contract for another year.
More common than the auto renewal contract is the one that goes a month to month after the expiration of the initial term.
I am not sure... Read more »
I am trying to move, but my landlord won't let me sell my contract/sub-let it even though the contract has a provision that allows it as long as the landlord agrees to it. Instead, they want to find a new tenant and increase the rent by $100. I combed through the contract and found that they signed... Read more »
Yes, the contract is enforceable. If the business is expired, the only thing that it means is that, they can get in trouble with the department of corporations and they may be personally liable rather than having the limited liability they probably thought they had.
I hope this helps.... Read more »
I recently rented out a apt. the lease that was signed was a lease takeover that was for 6 months, during the last 3 months i requested a copy of the lease, I then noticed that the manager forgot to sign the lease. I then signed another contract with her ( which i still have a copy of) stating that... Read more »
Contracts are enforceable against those who have signed them. So if you signed a lease but the LL never did, then they could hold you to it, but you might not be able to hold them to it. Signatures are just one method of "acceptance" of a contract. Performance is another. So if you had a lease... Read more »
i pay for rent, plus an extra sum of money for sewer garbage and water to the landlord. The landlord is supposed to pay for sew, garbage and water and is stated in the contract. The landlord never has paid for garbage so the city started to charge the garbage to me. so i was paying double. i want... Read more »
Good question, it seems like you have understood the issues correctly. Your question of whether the breach is a "significant enough" breach is on point.
I think that you could certainly make a good argument that it is. The buildup of waste on a property due to non-disposal could and would... Read more »
Our customers are classmates who volunteer to be a reunion planner. These planners select dates and activities, and then we sell event tickets to the classmates. A lot of the venues require a signature to accept liability.
1) Should my business sign that document and then have our... Read more »
Hi,
Sounds like a great business. Yes, I think that if you are taking on the liability, then you will want to make sure that you are passing the liability on to the actual participants of those events.
Ideally your participants would take on the liability directly from the venue,... Read more »
they damaged a vintage floor and now were not getting customer service to respond what can we do to get the floor we paid for
I am sorry for your frustration.
The first place would be to look at the service agreement or contract with Lumber Liquidators. If that doesn't have much, poke around on their website or call their customer service and instead of asking for them to fix it, ask for a copy of their... Read more »
The registration is in my and my wifes name..But every year they send the renewal notice in her name..I live in SLC, Utah.. Is this legal?
Hello,
Although everything is working without having changed it, you should probably go to the DMV and fill out a small estate affidavit for motor vehicles to get her name off of the title. If you don't, your wife's siblings may have some claim on the car. The Personal Representative... Read more »
Is that legal? I never signed a contractual agreement to pay for any damage to company property.
Well, if you owe them the money for the damage you caused, it seems that they simply applied "self-help," and got the money back from you quickly through your check. I don't know that there is any legal action you can bring to recover the money, unless you truly don't owe the money to them.... Read more »
Yes,
You can get sued if you are from a different country barring diplomatic immunity, but for the common traveler/tourist, yes you can be sued as long as you meet the minimum contacts in the states. The main question on this is Jurisdiction and service of process. An analysis would fill... Read 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.
