Florida Business Law Questions & Answers
Q: If I hire an independent contractor for my business, do they have to be legally authorized to work in the United States?
Andy Wayne Williamson's answer
Your question probably needs to be asked to a lawyer or accountant who handles employment tax issues.
The main issue that I see is that you are required to withhold taxes for a standard employee but the employee seeking to work as an independent contractor may be an effort by the employee to circumvent paying taxes as he or she likely does not have valid credentials to work in the US much less be in the US lawfully.
I suggest that you do further research with a tax...
Your question probably needs to be asked to a lawyer or accountant who handles employment tax issues.
The main issue that I see is that you are required to withhold taxes for a standard employee but the employee seeking to work as an independent contractor may be an effort by the employee to circumvent paying taxes as he or she likely does not have valid credentials to work in the US much less be in the US lawfully.
I suggest that you do further research with a tax...
Q: If a business closes and opens in another name, what happens to their customers? Can they be contacted by someone?
Andy Wayne Williamson's answer
Your question leaves off what I think are some important details. It sounds like you are asking about a non compete agreement as you list that you are a previous employee.
If this is a non compete contract situation, then I suggest that you get legal counsel before proceeding. You need to have an attorney look into the closing of a business and opening in another name. Via public information the two businesses may look to be totally different or unconnected. However, in reality...
Your question leaves off what I think are some important details. It sounds like you are asking about a non compete agreement as you list that you are a previous employee.
If this is a non compete contract situation, then I suggest that you get legal counsel before proceeding. You need to have an attorney look into the closing of a business and opening in another name. Via public information the two businesses may look to be totally different or unconnected. However, in reality...
Q: Can we go to social media about previous employers conduct in terminating our contract? Large car rental agency.
1 Answer
| Asked
in
Business Law, Employment Discrimination, Employment Law and Internet Law
for
Florida
on
Answered on Jun 15, 2017
Answered on Jun 15, 2017
Andy Wayne Williamson's answer
I will simply answer that you do so at your own risks. Telling the truth is a defense to libel and slander, but if you go to far in your comments you may trigger a response by your ex-employer. You might want to actually consult with an employment lawyer as to the comments you desire to post on social media before you do it. I don't think that a lawyer is going to tell you that you are green light to do something like this without seeing the content first.
Good luck.
I will simply answer that you do so at your own risks. Telling the truth is a defense to libel and slander, but if you go to far in your comments you may trigger a response by your ex-employer. You might want to actually consult with an employment lawyer as to the comments you desire to post on social media before you do it. I don't think that a lawyer is going to tell you that you are green light to do something like this without seeing the content first.
Good luck.
Q: Is the personal guarantee in a corporate credit card "Cardholder Agreement" binding if I did not sign?
1 Answer
| Asked
in
Banking, Consumer Law, Small Claims and Business Law
for
Florida
on
Answered on Jun 13, 2017
Answered on Jun 13, 2017
Terrence H Thorgaard's answer
Their claim may be barred by the Statute of Frauds.
Florida Statute 725.01 provides in pertinent part that:
"No action shall be brought whereby to ... charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person ..., or upon any agreement that is not to be performed within the space of 1 year from the making thereof, ... unless the agreement or promise upon which such action shall be brought, or some note or memorandum thereof...
Their claim may be barred by the Statute of Frauds.
Florida Statute 725.01 provides in pertinent part that:
"No action shall be brought whereby to ... charge the defendant upon any special promise to answer for the debt, default or miscarriage of another person ..., or upon any agreement that is not to be performed within the space of 1 year from the making thereof, ... unless the agreement or promise upon which such action shall be brought, or some note or memorandum thereof...
Q: If you pay someone a lot of money for writing, and one of the docs is completely plagiarized, what are your options?
1 Answer
| Asked
in
Copyright, Business Law and Intellectual Property
for
Florida
on
Answered on Jun 12, 2017
Answered on Jun 12, 2017
Griffin Klema's answer
Well, there are likely several options.
First, try to work things out with the other side, and advise them that you believe the work product they provided appears plagiarized and you are concerned about your liability in using/selling the materials. See if they are willing to re-write the materials as original (non-plagiarized) works. For extra assurance, you might want to request a written indemnification from them should any copyright issue arise for the new materials, which would...
Well, there are likely several options.
First, try to work things out with the other side, and advise them that you believe the work product they provided appears plagiarized and you are concerned about your liability in using/selling the materials. See if they are willing to re-write the materials as original (non-plagiarized) works. For extra assurance, you might want to request a written indemnification from them should any copyright issue arise for the new materials, which would...
Q: If a consumer transports a vehicle in Florida and it's damaged in transport, is the provider still entitled to payment?
Andy Wayne Williamson's answer
Most likely the two issues are separate. You can try withholding but they will likely threaten to sue you for payment. You need to look at your contract as it will govern what happens if you do not pay.
Most likely he carrier company has insurance that should cover the damages, so technically the carrier will be out if the loop on the damages issue.
I do not have a answer on the last question about an MC#.
Most likely the two issues are separate. You can try withholding but they will likely threaten to sue you for payment. You need to look at your contract as it will govern what happens if you do not pay.
Most likely he carrier company has insurance that should cover the damages, so technically the carrier will be out if the loop on the damages issue.
I do not have a answer on the last question about an MC#.
Q: My Florida title loan Violates state law in 2 aspects 1) The 30% cap was not and has not been abided by.
1 Answer
| Asked
in
Business Law, Civil Litigation, Consumer Law and Contracts
for
Florida
on
Answered on Jun 9, 2017
Answered on Jun 9, 2017
Andy Wayne Williamson's answer
You need to consult with a lawyer in your area if you desire to move forward Ina lawsuit.
This service is designed to provide general legal questions. You can also search for attorney through its find a lawyer service by area of practice and location.
You need to consult with a lawyer in your area if you desire to move forward Ina lawsuit.
This service is designed to provide general legal questions. You can also search for attorney through its find a lawyer service by area of practice and location.
Q: I owe my lawyer that helped me regarding non-payment of alimony. I've been paying $200/month that I can't afford.
Andy Wayne Williamson's answer
Yes, your lawyer can sue you and likely will sue you. I cannot say what the attorney will do for sure.
Yes, your lawyer can sue you and likely will sue you. I cannot say what the attorney will do for sure.
Q: Phone service provider will not honor a promo although employee wrote in memo and gave me the offer.
1 Answer
| Asked
in
Business Formation, Business Law, Contracts and Consumer Law
for
Florida
on
Answered on May 30, 2017
Answered on May 30, 2017
Andy Wayne Williamson's answer
I would say that you are already doing what you can to resolve the situation. If they will not honor the deal ask them to cancel the contract and take your business to another carrier.
The expense of hiring a lawyer to fight this case will far outweigh the free third line.
I would say that you are already doing what you can to resolve the situation. If they will not honor the deal ask them to cancel the contract and take your business to another carrier.
The expense of hiring a lawyer to fight this case will far outweigh the free third line.
Q: Would a UCC search on an entity show me all liens, warrants, and the like available in public records for that entity?
Jonathan R. Roth's answer
It will show you all commercial liens, but not necessarily all warrants or judgments or attachments. Likewise, it will not show you state or federal tax liens or liens against real property. Tax liens you need to check with the state and federal government sites. IRS liens can be searched at the Federal Court closest to you usually. For state tax liens contact the state Treasury or department of revenue for the state. Mortgages and other liens on real estate will be found where the deed to...
It will show you all commercial liens, but not necessarily all warrants or judgments or attachments. Likewise, it will not show you state or federal tax liens or liens against real property. Tax liens you need to check with the state and federal government sites. IRS liens can be searched at the Federal Court closest to you usually. For state tax liens contact the state Treasury or department of revenue for the state. Mortgages and other liens on real estate will be found where the deed to...
Q: I'm a partner and I'm about to leave a LLC partnership and have the following questions.
Andy Wayne Williamson's answer
The answers to your questions will depend upon a variety of factors and this system is not designed to handle.
My suggestion is that you need to consult with a business law attorney in the Jacksonville area and provide him or her with a detailed breakdown of each of this items or categories so that they can give you the specific advice that you need.
The answers to your questions will depend upon a variety of factors and this system is not designed to handle.
My suggestion is that you need to consult with a business law attorney in the Jacksonville area and provide him or her with a detailed breakdown of each of this items or categories so that they can give you the specific advice that you need.
Q: Is a corporate conversion permissible from NY corp. to another jurisdiction? Statute silent.
Andy Wayne Williamson's answer
To my knowledge you cannot convert a corporation established in one state to become a corporation in another state. However, there is a way to accomplish your goal of moving the corporate structure from NY to Florida.
I suggest that you consult with a business attorney to discuss the procedures and steps to take. (There is a provision under the IRS code to allow the assets of one corporation to become / transfer to a new corporation so that for purposes of the corporate existence and...
To my knowledge you cannot convert a corporation established in one state to become a corporation in another state. However, there is a way to accomplish your goal of moving the corporate structure from NY to Florida.
I suggest that you consult with a business attorney to discuss the procedures and steps to take. (There is a provision under the IRS code to allow the assets of one corporation to become / transfer to a new corporation so that for purposes of the corporate existence and...
Q: Can our employee (on the clock) be asked to leave our public meeting to attend to her job responsibilities?
1 Answer
| Asked
in
Business Law, Education Law, Employment Law and Gov & Administrative Law
for
Florida
on
Answered on May 21, 2017
Answered on May 21, 2017
Terrence H Thorgaard's answer
You are correct. As an employee, she is to do what she is told by her employer; whether that involves reporting the finances to the board or other non-board meeting duties. The Sunshine Law doesn't modify her duties as an employee.
You are correct. As an employee, she is to do what she is told by her employer; whether that involves reporting the finances to the board or other non-board meeting duties. The Sunshine Law doesn't modify her duties as an employee.
Q: Can i get sued? if i can what type of insurance should get to protect my assets.
Andy Wayne Williamson's answer
It is always possible for you to get sued but there is really no way to tell sis sure. It may just be a wait and see.
It is always possible for you to get sued but there is really no way to tell sis sure. It may just be a wait and see.
Q: Return of our investment?
Andy Wayne Williamson's answer
I suggest that you need to speak with a business litigation attorney immediately before you take any action. Clearly there are issues with the business operation and level of trust between the parties. Seek legal advice.
I suggest that you need to speak with a business litigation attorney immediately before you take any action. Clearly there are issues with the business operation and level of trust between the parties. Seek legal advice.
Q: If a business is under a TRO...are clients still legally bound to them??????
Peter D. Mlynek's answer
Sorry that you were scammed.
Generally, clients are never legally bound to their attorneys. Any client can at any time fire his/her attorney, and walk away. There are some special exceptions, none of which would likely apply here.
The client still has to pay any outstanding bills.
Sorry that you were scammed.
Generally, clients are never legally bound to their attorneys. Any client can at any time fire his/her attorney, and walk away. There are some special exceptions, none of which would likely apply here.
The client still has to pay any outstanding bills.
Q: Maryland new condo purchased 1/17Front door lock broke$400Is it covered under warranty/condo law
Terrence H Thorgaard's answer
Could well be, but if the condo is in Maryland, you should ask this question in Justia › Ask a Lawyer › Maryland.
Could well be, but if the condo is in Maryland, you should ask this question in Justia › Ask a Lawyer › Maryland.
Q: Hi, what are the requirements for adding a recurring charge to a customer's account? (For instance billed at later date)
1 Answer
| Asked
in
Consumer Law, Business Law and Entertainment / Sports
for
Florida
on
Answered on May 4, 2017
Answered on May 4, 2017
Andy Wayne Williamson's answer
The best thing that you need to do is consult with a business law attorney and have him or her draft you an agreement. Your question is detailed, or rather requires a detailed answer. I don't think that a lawyer is going to give you detailed advice on how to draft a contract via a service like this.
There are times in life when paying for legal advice is very important and this is one of them, as a mistake on this could come back to haunt you for years.
The best thing that you need to do is consult with a business law attorney and have him or her draft you an agreement. Your question is detailed, or rather requires a detailed answer. I don't think that a lawyer is going to give you detailed advice on how to draft a contract via a service like this.
There are times in life when paying for legal advice is very important and this is one of them, as a mistake on this could come back to haunt you for years.
Q: How to add new shareholder to non profie corp. FL(50 / 50 shares) ? Where we should register these modifications
Andy Wayne Williamson's answer
Something appears to be missing here. If you have a nonprofit corporation, then there is not shareholders in such corporations. I suggest that you may want to speak with a business law attorney in your area to determine what you desire to do and get specific advice on how to accomplish it.
Something appears to be missing here. If you have a nonprofit corporation, then there is not shareholders in such corporations. I suggest that you may want to speak with a business law attorney in your area to determine what you desire to do and get specific advice on how to accomplish it.
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