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There are no operating agreements in place. Ex-business partners notified they company they intended to leave partnership via text and email. They provided the company an exact day when they intended the business partnership to end, and further notified the company in writing that they would be... View More 
answered on Mar 25, 2022
There are two very different issues lurking in your combined question.
The statutory "sufficient notification" issue has nothing to do with the contractual issue of subsequent competition.
Regarding the sufficient notice issue, the main reason for the controlling statute... View More
My current LLC sell female fashion apparel, shoes, intimates, & accessories. But there is some businesses that are very similar to mine that I have the right connections to start a new business per that product category or service. Can I run a new similar business under my LLC? Or better yet,... View More
answered on Mar 13, 2022
All income from a LLC is subject to employment taxes. Discuss with your accountant on making a special election for your LLC to be treated like an S corp. This will give you the ability to have a reasonable salary to subject to employment taxes and any excess income treated as a distribution not... View More
I went to pick up my final paycheck after quitting a few days ago due to paychecks bouncing for myself and other employees multiple times in a row. When I went to pick up check the owner had a packet of paperwork saying termination agreement and asked me to sign it saying it was just for W-2... View More
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answered on Mar 11, 2022
Good for you that you did NOT sign their release...
You have a claim against this employer for Worthless Check, which carries treble damages plus attorney fees. This is regardless if they made good on the check(s) later. That's probably why they wanted you to sign that document.... View More
answered on Mar 10, 2022
It depends on what the Articles of Incorporation or Bylaws provide. Absent a specific provision in these documents Florida law provides:
607.0809 Vacancy on board.—
(1) Unless the articles of incorporation provide otherwise, if a vacancy occurs on a board of directors,... View More
As CFO of a business being sold, the owners of this business requested I take a 50% pay cut in return for splitting the incremental purchase price savings (about $1M) directly tied to my salary reduction. There is clear evidence of how my salary reduction contributed to $1M additional purchase... View More
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answered on Mar 8, 2022
You can't be an employee at will and have an employment agreement.
Further, you may have several claims but obviously you need a consultation with a lawyer to understand your facts, review documents and advise accordingly.
Good luck.
Last Oct I interviewed with a company & was told as soon as I got my license to let them know! (My master captains license)
I left my job to go to school & as soon as I had it I let them know! I've been getting strung along since December, I have a voice mail & text... View More
answered on Mar 1, 2022
Unfortunately, Florida is an “at-will” state, which means private employers are free to hire, promote, demote, suspend, terminate, reinstate, and rehire employees for any reason—or for no reason--at any time, i.e., “at will.” The only thing employers cannot lawfully do is to make any of... View More
I have started a short term rental business and I am trying to scale.
answered on Feb 27, 2022
Rental business/property tends to be a high liability type of business and therefore you need to be sure to keep the business/properties compartmentalized from one another by limiting your potential exposure by separating all your businesses as much as you can. Separate LLC business entities is a... View More
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answered on Feb 23, 2022
Legal age in Florida is 18. You can work at 17 but there are restrictions as to how early/late and how long you can work in a day.
Sole proprietorship simply means you work for yourself without the protection of a legal entity. You could do that. You will have difficulty entering into... View More
I recently purchased a mobile home through a local dealer. When we bought the land we didnt realize before that we were going to need to lift the home due to being near a river and in a flood plain. So during financing none of the paperwork reflected it. After we found out we got with the dealer... View More
answered on Feb 16, 2022
Before you decide whether "to pursue legal representation" you should concentrate on getting your $25,000 back from the dealer immediately.
Unless you stop trying to get them to do the work you wanted then to do you may end up being unable to get your $25,000 back, and will still... View More
Specifically, I'm starting a business in Florida as a sole proprietor and want my business name to be my first initial, last name, and the word "Design" e.g. A. Smith Design. Do I need a DBA for this or does this meet the requirement for use of my legal name?
Advice is greatly appreciated.
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answered on Feb 10, 2022
See F.S. 865.09 here: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0800-0899/0865/Sections/0865.09.html
for a federal criminal charge?
answered on Feb 10, 2022
That is a very vague question. Generally speaking, one needs to commit an enumerated federal offense to be charged with a federal crime.
Contracts can be deemed to be, or referred to as, "illegal/not legal" or "unenforceable" without an actual crime being involved.... View More
answered on Feb 8, 2022
Yes, a Florida Business Attorney, you will want to speak with a Business Attorney, and they will be able to help you create your LLC, applicable Operating Agreement, register your business with the state, explain liability issues and keeping the business separate from yourself, filing for a more... View More
answered on Feb 1, 2022
If you are a Florida corporation or LLC and you move your office to another state, you will have to qualify to do business as a foreign entity in that state as well as change your information when you file your Florida Annual Report.
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answered on Feb 1, 2022
why not? unless there is a reason for your asking...
I just found out his family and himself sold their other properties and bought his own house. Can I put lien on it. Any recourse?
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answered on Feb 1, 2022
Obviously, lots of questions arise that you did not address here.
But here is the basic answer on the statute of limitations:
The statute of limitations for written contracts is five years and oral contracts is four years.
Putting together a slide presentation on common marketing tactics and wanted to use pet food bag images as examples. Wondering if this is legal or if I should block out the names of the pet food bags.
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answered on Jan 21, 2022
You should probably repost it under trademark or intellectual property.
Under the Fair Use doctrine you can use a trademark without permission if the use is for educational or informational purposes; so long as it is not used for commercial purposes.
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answered on Jan 19, 2022
FEIN is not yours, it is associated with the LLC. As an example, whenever informational income tax return is filed by the LLC, this number is used. I assume the reinstatement does not list you as an officer of the LLC, and all other business operations do not list you as a member of the LLC.... View More
answered on Jan 19, 2022
Not much. It is an offer. You can accept or provide counter offer. You should be represented by an attorney to know what you actually sign into.
1)I'm looking into 2 Institutes at the moment to study hypnotherapy. I'm trying to confirm that upon completing the course and obtaining a certificate in Clinical hypnotherapy. Along with my AAS in Health Science and being a EKG Tech/Phlebotomist and 10 years plus experience in customer... View More
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answered on Jan 18, 2022
If you obtained a license or a certificate, you are deemed qualified to work in that profession, whatever that profession might be.
You should direct any professional licensing questions to the relevant governing board, probably at the FDBPR.
I'm currently in a HOA board and we are trying to figure out what rules/by lawns are currently in place. How can we change them/ modify them and how to move forward. One board member says to make any changes we have to have a lawyer and then have a vote. I'd like clarification on what can... View More
answered on Jan 18, 2022
A lawyer is probably not required, but the board member who says that perhaps figures that a lawyer is more apt to be able to spell "bylaws".
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