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Iowa Business Law Questions & Answers
2 Answers | Asked in Business Law, Employment Law, Workers' Compensation and Civil Rights for Iowa on
Q: Work comp not returning phone calls? Can employees yell out private information about an employee?

Employees yelling out private information when oneself has not been informed by their employer?

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2023

If workers' comp isn't returning your calls, it's time to give 'em a nudge. They're supposed to be responsive to your concerns, so don't be shy about insisting on the attention you deserve. If they keep ignoring you, we might need to explore some legal avenues to get... View More

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2 Answers | Asked in Business Law, Employment Law, Workers' Compensation and Civil Rights for Iowa on
Q: Work comp not returning phone calls? Can employees yell out private information about an employee?

Employees yelling out private information when oneself has not been informed by their employer?

Mindi Vervaecke
Mindi Vervaecke pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 25, 2023

It is common for workers’ compensation insurance adjusters to not respond to phone calls and emails. Often times it takes getting an attorney involved to get their attention and then the insurance company also often turns it over to their attorney.

As for co-employees sharing private...
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1 Answer | Asked in Business Formation and Business Law for Iowa on
Q: If I have comercial small business/building insurance do I need an additional business insurance at same address???

I’m paying almost 5k a year on my newly possessed comercial building and it has a small mechanic shop in the garage. It’s an old gasoline station no pumps, no gas tanks just my new residence. My insurance agent made an additional charge of 1.5k for the small business shop in the back and it’s... View More

Tim Akpinar
Tim Akpinar
answered on Nov 30, 2022

An Iowa attorney could advise best, but your question remains open for two weeks. However, it would be difficult to answer your question about whether you need additional insurance. This is something to go over with your insurance carrier or broker, who would review your needs in more detail.... View More

2 Answers | Asked in Business Law for Iowa on
Q: Can you review my contract to see if it will hold up in court?

This contract is a Non-Competition and Non-Disclosure Agreement

Joseph R Casey
Joseph R Casey pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2023

Only a lawyer whom you have spoken with and hired can give you legal advice, including about the validity of a contract. You should contact a contract lawyer.

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2 Answers | Asked in Business Law, Civil Litigation, Contracts and Small Claims for Iowa on
Q: Can I sue in small claims court(or larger)for breach of contract against my daughters’ former dance studio? $10k wasted

Teen daughters danced at a studio. Annually fill/sign a standardized code of conduct form agreeing to policy of treatment of others. My kids (and others) were bullied by suburb mean girls. Owner informed. Kids were blamed by owner instead of helping. We told our kids to be overly nice (too nice to... View More

Erik Luthens
Erik Luthens
answered on Mar 16, 2023

I absolutely understand your frustration- both of my daughters danced on competitive teams for several years (my wife was also the varsity dance coach at Urbandale High School for several years). However, this is not a matter to be litigated in court (small claims or otherwise). If I were you, I... View More

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1 Answer | Asked in Employment Law and Business Law for Iowa on
Q: I’m being asked to sign a non-disparagement agreement in order to collect a severance package.

Are conversations held prior to the presentation of the agreement excluded?

Joseph B. LaRocco
Joseph B. LaRocco
answered on Nov 18, 2021

Non-Disparagement Agreements are being quite common. They are enforceable, however, if no liquidated damages are stated in the agreement it might be quite difficult for the company to prove actual damages if you breach the agreement and say something derrogatory about the company, its officers,... View More

1 Answer | Asked in Business Law for Iowa on
Q: Can a business withhold my final check until I give back my uniforms
Tim Akpinar
Tim Akpinar
answered on Nov 13, 2020

This is something that an Iowa employment attorney would know best. You could try reposting under the Employment Law category for better chances of a reply. Good luck

Tim Akpinar

1 Answer | Asked in Banking, Business Law, Civil Litigation and Contracts for Iowa on
Q: Re: 3rd party financing thru a dealership. Is it legal to have someone sign an assigned contract if its already denied?

A bank denied credit before we signed. Dealer never told us but had same banks name on contracts as assignee.

Erik Luthens
Erik Luthens
answered on Jan 5, 2020

This question is too fact intensive for an online forum. You need to immediately retain an Iowa attorney to obtain an informed opinion.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Iowa on
Q: I worked for a company 6 months ago. They still havent paid me and are now saying I was "self contracted".

I was hired not knowing I was self contracted. The owner kept saying she would pay me on different dates and when those dates came she made excuses and no payment was recieved. She still hasn't paid me what she owes. There is also another "employee" she has done this to, she owes the... View More

Erik Luthens
Erik Luthens
answered on Nov 7, 2019

It appears that the owner of the company is asserting that you are an independent contractor rather than an employee; there are many factors which determine this. You should immediately contact an Iowa attorney who handles employment / workers’ compensation claims.

1 Answer | Asked in Business Formation, Tax Law and Business Law for Iowa on
Q: What is the least expensive way to buy into an LLC with regard to Iowa and federal tax cost?

Father and two siblings put farm into LLC (split 50/25/25). One of the siblings is going to nursing home and selling their membership units (25%). An agreed price has been established for units. Should the LLC buy the seller's units and then sell them to me? OR Should I buy into the LLC first?... View More

D. Mathew Blackburn
D. Mathew Blackburn
answered on Aug 20, 2019

You need to hire a professional. There's a few things in your question that are not correct in regards to how an LLC functions. You're going to need more detailed advice than should be given through this forum.

3 Answers | Asked in Business Law, Civil Litigation, Intellectual Property and Trademark for Iowa on
Q: Who owner the ampersand mark? Please refer to all information in registered trademark 86905207, from the USPTO website.

I asked for the ownership of this mark from its creation. Please validate.

Ahaji Kirk Amos
Ahaji Kirk Amos
answered on Mar 21, 2019

I don't understand the question.

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1 Answer | Asked in Business Law for Iowa on
Q: Is there any cases where I can find details about damage claims in a contract

for example: Courts also look at the price of the contract in determining whether certain damages for breach of that contract are proper. A lack of proportion between the two numbers is an indication that the requested damages are improper. In other words, if a party is only be paid a small amount... View More

Tim Akpinar
Tim Akpinar
answered on Nov 22, 2018

There are, but “damages” is a broad subject, where there are different types of damages, such as compensatory, punitive, consequential, among others. If this is for general knowledge or research, you can find a great deal of information on the subject of damages. If this is for an actual... View More

1 Answer | Asked in Contracts, Business Law and Landlord - Tenant for Iowa on
Q: I am considering a commercial real estate lease in Iowa. The Landlord's attorney will not put just my business name.

I have an LLC, but they insist I also need to be named a Leasee individually. The purpose of the LLC is to maintain separation from me individually, so I don't want to be on the Lease as an individual, just the LLC. Is this legal?

Glenn B. Manishin
Glenn B. Manishin
answered on Apr 20, 2017

Unless Iowa-specific state statutes or court decisions say otherwise, a landlord or other creditor is entitled to ask for a personal guarantee from a corporation's principals. You are also entitled to say no.

1 Answer | Asked in Business Law for Iowa on
Q: Can briefly explain about invitation to treat of brochure and inquiries through the telephone ?

And about cases that can make an example on brochure and inquiries through the telephone

Adam Studnicki
Adam Studnicki
answered on Aug 29, 2015

This question is hard to understand and too theoretical. Talk to a local lawyer about your specific situation.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not...
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1 Answer | Asked in Business Law and Employment Law for Iowa on
Q: Can H1B visa holder partner with other to form LLC or C-corp and be passive owner?

I am on h1B. I am planning to open a C-Corp with a friend (XXXXX) who has Citizenship. How do I legalize our partnership and can it be 50%/ 50% basis?

How do we deposit initial capital? Will it be a direct deposit? Can I take a loan to invest in the C-Corp?

How do I get my share?... View More

Adam Studnicki
Adam Studnicki
answered on Aug 28, 2015

You may want to post under immigration.

Please Take Notice: I am not your lawyer unless we enter into an engagement agreement in writing. This is general information that is given for legal education only. It is not legal advice, and it may not work for your specific situation. It is...
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