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Illinois Business Law Questions & Answers

2 Answers | Asked in Family Law, Immigration Law, Business Law and Medical Malpractice for Illinois on

Q: Hello, I'm a young student at college looking to transfer to law schools. In this matter, what should I be looking for?

I want to know which schools are the best and which schools are not as good as the rest, but still pretty good. Just want to know what schools to look at, and which ones not to spend my time reviewing them, so I can make the best decision possible when transferring from college. If possible to I... Read more »

James G. Ahlberg answered on Jul 9, 2019

This is way too broad an inquiry to be addressed in this forum. Talk to you college counselor; better yet, if you know an attorney, see if he or she will take time to talk about these subjects with you. Most will be willing to do so, I suspect, but the task of writing a comprehensive reply to your... Read more »

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1 Answer | Asked in Business Law for Illinois on

Q: I own an epoxy company and we had an issue on a job with the top coat failing and I offered to redo and customer denied

I told him I would redo the floor to his liking and give him 1000$ discount for the inconvience, he returned with a value of the work I performed of 7000.00 when the original contract was 13000, saying his guys could have done it and that’s all he is paying! He also stated he was box expecting a... Read more »

Steve McCann answered on Apr 8, 2019

There are a few issues based on the facts presented. That being the case, I recommend you organize everything in your possession that is relevant to this matter, including the governing contract, and consult with an attorney individually to explore your options.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Illinois on

Q: I had a verbal breach of contract when I signed an offer letter as an independent contractor, can I sue for this matter?

I signed an offer letter with a staffing agency to work as their account manager and the owner of the agency had multiple verbal agreements that he retracted after I signed the letter. I have evidences of witnesses, emails, calls and text proving this matter. Can I sue him for damages for... Read more »

Steve McCann answered on Feb 18, 2019

You may be entitled to a remedy based on the facts provided, but the viability of recovering on such an action is dependent on specific facts that are not provided here, such as the details around the statements made, as well as the terms of the offer letter you reference. That being the case, I... Read more »

1 Answer | Asked in Business Law, Copyright and Criminal Law for Illinois on

Q: Is there a way if I register myself as a business and trademark/copyright myself as the business as an artist/musician

Can I some how own guns being a felon but only to protect myself being the business. Or would I have to file and ask a judge about it and give them my specific reasoning for why I want to be aloud to own them and take them safely with me after trained in concealed carry classes, that way any kind... Read more »

William Wolf answered on Dec 25, 2018

The laws vary from State to State, but in Illinois, if you're a convicted felon, you can't have a gun, period.

You would need to hire a security guard.

1 Answer | Asked in Business Law and Social Security for Illinois on

Q: What type of lawyer deals with the Treasury Direct Account process

Ray Choudhry answered on Dec 23, 2018

If this has to do with social security direct deposits, a social security attorney might be the one to contact.

1 Answer | Asked in Business Law for Illinois on

Q: What are some of the legal things we should be aware of

if we are thinking of having most of our employees start working from home? Should we re-do contracts?

Timur Akpinar answered on Nov 26, 2018

It could be difficult for an Illinois attorney to address your question without knowing more information. For instance, will working from home involve proprietary software and introduce issues with the usage of that software? Maybe a starting point could be to consult with an attorney in Illinois... Read more »

1 Answer | Asked in Employment Law and Business Law for Illinois on

Q: Should a 10% shareholder of an established LLC have access to an independent contractors personal information?

I work as an independent contractor (trivia host) for a small sole proprietorship trivia company that is changing to an established LLC, and changing ownership as well. The owner made a person a 10% shareholder of the company, and this person has nothing to do with me. His sole responsibilities... Read more »

T. J. Jesky answered on Oct 20, 2018

This is a good question. If the 10% shareholder is involved in the day-to-day business operations of the LLC, I can see where they might have access to this information.

If the shareholder is a passive investor, the managing member of the LLC may have passed the line in sharing this...
Read more »

1 Answer | Asked in Business Law and Employment Law for Illinois on

Q: Can a manager who is not your manager disclose your salary information to other employees?

It appears that an employees salary information was leaked to someone. This person whom found out does not need this information to do their job and is now targeting the other employee because they are making more money. Is there anything the employee whose salary was leaked can do?

T. J. Jesky answered on Sep 4, 2018

Most larger Companies have a Policy and Procedure Manual. That being said, it is doubtful that leaking a salary would be in the Manual; however, if is in the Policy and Procedure Manual, you have your answer.

If the information leaked was accurate, and you have no damages, you have little...
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1 Answer | Asked in Employment Discrimination, Employment Law and Business Law for Illinois on

Q: what can I do for the employee I had terminated leave for good?

I had terminated an employee from my business and he refuses to leave. He still stays he’s the general manager.

James G. Ahlberg answered on Aug 9, 2018

Order him ro leave. If he doesn't, call the police.

1 Answer | Asked in Bankruptcy and Business Law for Illinois on

Q: Client filed chapter 7 in the middle of a sale of their partnership - to the other partner. Does this affect the sale?

We have two clients, in Florida, that have a partnership. One partner decided they wanted out of that partnership so they instigated a sale of their half of the partnership to the other partner. The framework was in place for the sale and then they decided they needed to file Chapter 7 Bankruptcy... Read more »

Timothy Denison answered on Jul 31, 2018

Yes. At a minimum, it stays the sale bc it is an asset of the estate. It may possibly still go thru, but only under the watchful eye of the court.

1 Answer | Asked in Business Law for Illinois on

Q: Wantingto put my business in our mall ,Its unique fried ice cream roll business but the Dairy Queen lease might stop it

This isn’t right , there are tons of duplicate stores in the mall

Greedy DQ hurting my chances at success and the mall success

Because of a lease from over decade ago ......

There are different owners now for about 8 years of the mall

As well as dif owners of... Read more »

Drew Ball answered on Jun 14, 2018

You should contact an attorney to review the lease and/or the facts about DQ's conduct that you are indicating are interfering with your business. You may have the ability to assert some type of civil claim in hopes of encouraging the mall to lease a location to your business, but again a thorough... Read more »

1 Answer | Asked in Business Law and Employment Law for Illinois on

Q: I quit my job because my manager assaulted me. My corporate did not offer resolution. Can I file charges?

My manager has harassed me for months. She has retaliated against me by trying to have me written up when I report things to HR. Recently following a dispute she threw a gift card at me which hit me in the face in on front of the whole staff. I went to HR and our corporate and they told me she is... Read more »

Steve McCann answered on Apr 2, 2018

Yes, it is possible you are entitled to a remedy from your previous employer, but the viability of your claims is a very fact specific determination. That being the case, I recommend organizing everything in your possession related to this matter, including proof that you reported these actions to... Read more »

1 Answer | Asked in Business Law, Communications Law, Contracts and Internet Law for Illinois on

Q: Events management company wanting to use attendees headshots in marketing on social media (i.e. twitter, LinkedIn, etc).

what are the legalities behind this? do we need to ask permission first?

Carrie A. Ward answered on Mar 15, 2018

You need affirmative consent to use their images for promotional purposes. Did you hav them sign a release? Were they provided affirmative notice that their pictures were taken and may be used for promotional purposes? An experienced attorney in the promotional space can help you develop the... Read more »

1 Answer | Asked in Contracts, Employment Law, Business Law and Business Formation for Illinois on

Q: I have a non-solicitation agreement as a contractor in Illinois. I would like to start an LLC under my wife's name.

Would I be in violation of that non-solicitation agreement if she is the owner of the business that will directly compete with my current employer? I will definitely be working for this new company. The non-solicitation agreement expires after 2 years. Thank you!

Steve McCann answered on Feb 13, 2018

Yes, it is highly likely. However, a definitive answer is dependent on the precise language of the non-solicitation agreement with your previous employer. That being the case, I recommend organizing the non-solicitation agreement and any other information you believe is relevant to this... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Illinois on

Q: Commercial equipment repossession

I had a commercial equipment lease for about $14k in equipment through my corporation but I signed off as a personal guarantee. My company closed and now they they are saying they are going to repo my equipment but i no longer have it. What’s the worst thing they can do?

Steve McCann answered on Feb 12, 2018

It depends on the precise terms of the lease. That being the case, I highly recommend organizing the lease, as well as any other documents you have in your possession regarding this matter, and consult with an attorney individually, as you do not want a personal judgment against you for the full... Read more »

1 Answer | Asked in Business Law and Consumer Law for Illinois on

Q: Hello, I am searching for information on the process of removing customers' old motorcycles from my dealership.

I have a couple of motorcycles that customers have left behind. One customer brought their motorcycle in to get repaired and after receiving the estimate failed to come back. The other customer's motorcycle was repaired and failed to come to pay. Both motorcycles have been sitting for many years at... Read more »

Steve McCann answered on Feb 7, 2018

The answer to your question depends on specific facts that are not provided here, such as the terms of any contracts signed and the location of your dealership. That being the case, I recommend organizing everything you have in your possession regarding this matter, including the contracts,... Read more »

1 Answer | Asked in Business Law, Workers' Compensation and Employment Law for Illinois on

Q: As an independent contractor, can I be required to purchase a workers comp insurance policy by the business owner?

I'm a licensed psychologist in a group. I was told by the practice owner to either form my own LLC or to purchase a workers comp policy. I am clearly an independent contractor rather than an employee. Is this legal? Thanks.

James G. Ahlberg answered on Jan 17, 2018

As an independent contractor, do you have any employees? If not, the only person the policy will protect is you, and then only if you insist on a rider covering yourself. The situation sounds strange, but their insistence that you have a policy isn't illegal.

1 Answer | Asked in Employment Law and Business Law for Illinois on

Q: Does my work still need to pay me if I can't work due to a canopy collapse at my work? Not injured, they are closed tho

I work at a gas station. The canopy collapsed over the pumps. Now they are closed till it is cleaned and repaired. The wind is what blew it down. Should they still be paying me? Normally could go to unemployment, but they refused to put any of us on file and paid cash. Is there anything that can be... Read more »

James G. Ahlberg answered on Dec 11, 2017

Unless you have a contract with your employer specifically requiring them to pay you under these circumstances, they do not have to do so. Consider filing for unemployment benefits if you're going to be off work very long.

1 Answer | Asked in Business Law, Libel & Slander, Car Accidents and Personal Injury for Illinois on

Q: I was in a vehicle accident a couple months ago during my recovery an employee of mine had my former customers sign a pa

Paper saying I was shutting the doors to my business (which I'm not) and having those customers go through his business that he was starting is there any legal action I can take

Peter N. Munsing answered on Nov 11, 2017

Yes, you can file an action to have the earnings from those customers go to you. You need to consult a business attorney who handles partnership and other business litigation dealing with who shares in the proceeds of a business.

If you have the business's computers you need to get their...
Read more »

1 Answer | Asked in Intellectual Property and Business Law for Illinois on

Q: To become an additional party (defendant) in TTAB Opposition.

Based on business partnership with an applicant, in order to become an additional party (defendant), is it legally appropriate to get Plaintiff's consent to file a joint motion in TTAB?

Benton R Patterson III answered on Sep 27, 2017

This is not a question that has an easy answer. An attorney would need to review all the facts. Unless you have an ownership interest in the trademark registration, a business partner may not have standing to join the proceeding. If not, you may be able to move to file an amicus brief in support... Read more »

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