Michigan Business Law Questions & Answers

Q: Can I keep a vehicle that is in my name in lieu of Vacation, Back, & Commission Pay after leaving a company?

1 Answer | Asked in Business Law, Contracts and Employment Law for Michigan on
Answered on Jun 10, 2018
Salim U. Shaikh's answer
First of all you must make a claim of your outstanding amounts on account of commission and paid vacation as granted by your manager, etc. In lieu thereof, you may categorically inform them of withholding vehicle till all your dues are cleared.

Q: What rights do I have with online auction?

1 Answer | Asked in Contracts and Business Law for Michigan on
Answered on May 24, 2018
Salim U. Shaikh's answer
Given incomplete information no specific advice could be rendered. However, please note that you did participate in auction under the terms & conditions as laid down by the auctioneer who by virtue of their terms may withhold or drop off any items without assigning reasons thereto. Please share their terms so that specific advice could be rendered.

Q: My girlfriend was threatened with fraud for customers letting her load rewards on her account... can they do this?

1 Answer | Asked in Business Law for Michigan on
Answered on May 24, 2018
Thomas. R. Morris' answer
It sounds like a good reason for her employer to fire her. The next questions are: Whether this scheme results in monetary liability to the employer; and whether it might constitute a crime. I don't think that there is enough information for an attorney to definitively answer the question, unless that attorney was involved in a similar situation (hopefully on behalf of a client, not personally). I do not have that experience, but I hope that it is helpful to her to know that there are three...

Q: A probate question involving a small, family owned C Corp - A son inherited shares, but refuses to sign Agreement.

1 Answer | Asked in Business Law, Contracts and Probate for Michigan on
Answered on Apr 10, 2018
Richard Michael Gee's answer
I'm not a Michigan lawyer, and so cannot advise on Michigan law in this regard. I assume your corporation is a Michigan corporation. Normally, however, if there was no requirement in the will that the son agree to a shareholders agreement as a condition for getting his shares, then he is entitled to his shares without the agreement. Unless Michigan law says something different, a shareholder is normally not required to enter into such an agreement once the shares are legally his. Here, it...

Q: I have 25% shares in Michigan company which own apartment building.Apartment bldg was sold by partners without asking me

1 Answer | Asked in Business Law and Real Estate Law for Michigan on
Answered on Apr 10, 2018
Thomas. R. Morris' answer
Quite possibly. The question is whether, under the organizational documents for your "company", a 25% owner has the power to veto a sale approved by the majority. Usually, the majority rules. If so, they can close the sale.

Q: I gave a check to a facility for my mom to stay there and she stayed there only for a day and they don't refund.

1 Answer | Asked in Business Law for Michigan on
Answered on Mar 16, 2018
Thomas. R. Morris' answer
See if you can locate the documents that constitute the contract. If the contract provides that no refund is required to be made, then you may have a difficult time making a case for a refund. If there is no written agreement, particularly none that your mother (or you, if you were the contracting party) entered into, they you may have a claim for the return of unearned fees. You provided little information so I cannot answer this more specifically.

Q: Freelance client is months behind payments and requiring digital account access prior to paying. What are my rights?

1 Answer | Asked in Contracts, Business Law, Communications Law and Internet Law for Michigan on
Answered on Feb 28, 2018
Carrie A. Ward's answer
Do you have a written contract with the client? If so, you should examine the terms of any default provisions. If you do not have a contract, it is a trickier situation and you probably have the right to terminate the contract without further liability to the client. However, you need to examine state law. If you do not have written contracts with your clients you should consider getting one immediately.

Q: Hi, I received a settlement check at the beginning of 2018 from an attorney that represented me in a case.

1 Answer | Asked in Business Law for Michigan on
Answered on Jan 31, 2018
Salim U. Shaikh's answer
Request your Attorney to get the check reissued in your name knowing that your business account has already been inactive.

Q: 100 percent net pay taken from bank account right after payday. What can I do?

1 Answer | Asked in Banking, Business Law, Consumer Law and Bankruptcy for Michigan on
Answered on Dec 12, 2017
Robert Keyes' answer
Sounds like a prime candidate for a bankruptcy.

Q: Can a single owner of an LLC cash checks that are written to the business for their own personal use?

1 Answer | Asked in Business Law and Tax Law for Michigan on
Answered on Nov 7, 2017
Thomas. R. Morris' answer
Not legally, if it means bypassing the company books and accounting for the income.

Q: Is what I'm being requested to do legal? And, do I currently have the legal right/rights qualifying me to proceed?

1 Answer | Asked in Contracts, Copyright, Business Law and Intellectual Property for Michigan on
Answered on Sep 18, 2017
Benton R Patterson III's answer
You may be at risk of committing copyright infringement if the person commissioning the project does not have the appropriate rights. If the commissioner does own the copyright to the content on the CDs, he should be willing to cover any loss you may incur from copying the content (indemnify you). An intellectual property attorney can prepare a contract to protect you from copyright infringement.

Q: If I create an acronym in order to advertise an event such as an open house do I have to have it licensed or approved?

1 Answer | Asked in Business Formation and Business Law for Michigan on
Answered on Sep 6, 2017
Brent T. Geers' answer
That would be fine. Do you plan to hold these or other events again in the future? If so, you might want to give some thought towards incorporating. That would make the name associated with the organization permanent.

If it's a one-time thing, it probably wouldn't be worth the hassle.

Q: How to update LLC operational agreement to reflect change of ownership.

1 Answer | Asked in Contracts and Business Law for Michigan on
Answered on Jul 27, 2017
Thomas. R. Morris' answer
If you are confident in your ability to use the language and in the simplicity of the legal issues, do it yourself. But an attorney who has seen none of the documents and has not had the opportunity to ask questions cannot confidently draft some clauses to be carried off by you. This may well be simple, but you should probably consult an attorney.

Q: I have people that were hired as a delivery truck driver to deliver my goods but they are not authorized to accept

1 Answer | Asked in Business Law for Michigan on
Answered on Apr 21, 2017
Thomas. R. Morris' answer
This is a question of "ostensible agency". The issue is whether you caused the customer to believe that the driver was authorized to accept payment (that the driver was your agent for the purpose of payment), or, conversely, whether you adequately informed the customer that the driver was not authorized to accept payment (if the customer makes the case that his belief in the driver's authority was reasonable). There may be case law that suggests an answer, but ultimately it will depend upon...

Q: If I have a delivery company contracted to deliver my goods and pay them upfront and then they don't deliver, can i

1 Answer | Asked in Business Law for Michigan on
Answered on Apr 21, 2017
Thomas. R. Morris' answer
Remedies for breach of contract include a claim for damages. This format does not allow for a primer on contract law. You should consult with an attorney to identify the remedy available, how much might be recovered, whether the defendant is collectable (i.e. whether you can collect on any eventual judgment), what court you should sue in, and, first of all, whether the dispute can be resolved without having to go to court.

Q: If a company is concerned about competitors from imitating their logo and thereby misleading customers, how can they

1 Answer | Asked in Business Law for Michigan on
Answered on Apr 19, 2017
Thomas. R. Morris' answer
A logo can be protected as a trademark. Federal registration gives greater protection, but even an unregistered trademark can be protected. An infringement is usually dealt with first by a "cease and desist" letter which notifies the infringer of its improper use of the logo. If that does not work, a lawsuit can be brought. This is only a superficial explanation. There are attorneys who specialize in this type of matter -- they generally call the specialty "intellectual property", which...

Q: Can a company prevent its employees from revealing its customer list, pricing policies, &other confidential information

1 Answer | Asked in Business Law and Employment Law for Michigan on
Answered on Apr 19, 2017
Thomas. R. Morris' answer
Yes. The best way for a company to do this is to enter into written agreements with its employees. In the absence of a written agreement, it may be possible for an employer or former employer to legally enforce an employee's or former employee's obligation to not misappropriate property such as a customer list.

Q: I have an MI LLC thats two years old with no activity or sales. received a letter that I owe $29k. What do I do!?

2 Answers | Asked in Tax Law and Business Law for Michigan on
Answered on Mar 24, 2017
Thomas. R. Morris' answer
If the debt is owed by the LLC and not you personally, I assume that the LLC will not pay it. The creditor might assert a theory for your personal liability and seek to collect from you. I would need more information in order to assess the possible outcomes. If this is a tax bill as the category of your question indicates, there may be personal liability. Your question indicates that you "never did anything with it", but with a bill for $29k there must be a creditor who disagrees.

Q: What can I do about a company who is charging me for services I never connected to and I threw away my paperwork.

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Michigan on
Answered on Mar 23, 2017
Thomas. R. Morris' answer
Respond to AT&T by informing them that you dispute the debt and want to see evidence that you owe it. They should provide this because if they sue they will need to prove that you entered into a contract with them for services. If they do sue, you can dispute that you owe the money, but if they can prove the existence of a contract, your breach of the contract, and their entitlement to damages for breach of the contract, they may obtain a judgment against you.

Q: my husband is part owner of LLC. God forbid, If something should happen to him, would i be entitled to his share?

1 Answer | Asked in Business Law for Michigan on
Answered on Mar 19, 2017
Thomas. R. Morris' answer
Probably. It depends upon 1) whether he owns his membership imterest jointly with another person; 2) his estate plan; and 3) the terms of the operating agreement (such as whether there's a buy-sell provision. You have not provided enough information to enable me to answer definitively.

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