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Ohio Business Law Questions & Answers
1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: Do I form 2 LLCs or just 1?

I want to form an LLC form my freelance graphic design company, Im the only employee for now. I also wish to sell t shirts, posters and such under same brand. Like how Disney for example creates movies and sells apparel. Would I need to form two seperate LLCs or just the one and create a dba for... Read more »

Joseph Jaap
Joseph Jaap answered on Feb 24, 2020

There are both legal issues and tax issues to consider. You'll first need to talk to your business tax adviser about your tax situation and the plans for your business, to determine the preferred organization structure. Then use the Find a Lawyer tab to retain a local business attorney to help... Read more »

2 Answers | Asked in Business Law and Contracts for Ohio on
Q: Ohio Contract for home remodel. Client paid retainer fee to company that contracted but client decided to change plans

Plans kept changing totaling more than what was agreed and client failed to extend more payment for additional updates and provide a written change of order. Contract outlines that without written notice contractor can cancel. Client agreed to contract terms prior to start and now wants to sue the... Read more »

Bruce Martin Broyles
Bruce Martin Broyles answered on Feb 7, 2020

The contractor being able to cancel without notice does not, by itself, mean that the contractor is not responsible to return the "retainer fee". The contract should provide under what circumstances the "retainer fee" can be kept, and under what circumstances the "retainer fee" must be returned.... Read more »

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1 Answer | Asked in Child Support and Business Law for Ohio on
Q: What is the legal liability of the Employer knowingly participating in a scheme to prevent court-ordered child support?

The employer allows the employee to circumvent paying child support by paying the employee through a corporation designed to defraud the Child Support system.

Joseph Jaap
Joseph Jaap answered on Jan 24, 2020

Talk to the local prosecutor's office. It would be their decision whether to to investigate.

1 Answer | Asked in Business Law and Child Support for Ohio on
Q: Some individuals in the State of Ohio are incorporating in an attempt to avoid paying back child support. Is this legal?

The newly formed corporation now bills the employer and gets paid because the money goes to the corporation and not the individual. Child support is not aware of the new arrangement and thus the individual has been paid with no child support being deducted. Is this a legal way to avoid paying child... Read more »

Joseph Jaap
Joseph Jaap answered on Jan 24, 2020

Child support will still be owed, and the person can be found in contempt for non-payment, and the court can impose sanctions in that person. The person to whom it is owned should use the Find a Lawyer tab to retain a local attorney to file with the court seeking to have the person held in... Read more »

1 Answer | Asked in Business Law, Health Care Law, Personal Injury and Family Law for Ohio on
Q: My mom had a heart attack and has been in the hospital over a month and her job wont respond to calls

trying to get my mother medical and financial assistance but her job refuses to answer or take calls from us or the hospital

Tim Akpinar
Tim Akpinar answered on Jan 22, 2020

I'm sorry for your mom's heart attack. Contact the hospital administration where your mom is staying. The billing and collections department could try to investigate what insurance programs she may have coverage under. If her workplace did not provide insurance, contact the social services... Read more »

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for Ohio on
Q: Can I sue my previous employer for hiring for a position in one city(moved 2 city) and then they assign me 2 diff city?
Greg Mansell
Greg Mansell answered on Dec 20, 2019

An employer has the ability to transfer its employee. Absent an employment contract, it does not violate the law for them to assign you to a different city. If you are at will, you are free to quit if you do not wish to travel to the new city.

1 Answer | Asked in Business Law for Ohio on
Q: I am a dealer for a wood boiler manufacture, they went out of business.Are they still responsible for the life of the w

Warranty

Joseph Jaap
Joseph Jaap answered on Dec 9, 2019

They are. But if they are gone, insolvent or bankrupt, there is no money to enforce the warranty.

2 Answers | Asked in Business Law for Ohio on
Q: In Ohio, our LLC has no operating agreement, how are votes figured and do you need majority or unanimous?
Joseph Jaap
Joseph Jaap answered on Nov 13, 2019

Until an operating agreement is made, Ohio law governs operation of an LLC. See this link: http://codes.ohio.gov/orc/1705

The members should get together and establish voting and other issues in an operating agreement. If the members cannot agree unanimously on what to do, that is a...
Read more »

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1 Answer | Asked in Business Law for Ohio on
Q: Is it legal in Ohio for my company to have a HIDDEN camera in the workplace employee break room?

It is Concealed, I'm the first associate to notice it.

Joseph Jaap
Joseph Jaap answered on Nov 13, 2019

Since it is company property, and there is no expectation of privacy in public areas, the company can do that -- but not in restrooms, locker rooms, changing rooms, fitting rooms, or other private areas where people expect privacy.

2 Answers | Asked in Business Law and Contracts for Ohio on
Q: My client never signed our contract, would they be held to the terms of it?

My company conducts estate sales. We take jobs by the value of our clients belongings. Our client received the contract where we state you cannot remove any items from the home as they are deemed for sale. They ignored this & took out items anyway. This was in breach of contract. The client also... Read more »

Joseph Jaap
Joseph Jaap answered on Oct 14, 2019

Since the contract was not signed, that makes things more difficult. If there is litigation, you can claim that they verbally agreed to the terms of the contract. They can dispute that. If you can't work it out with them, then they might sue you to collect the proceeds you have retained. You... Read more »

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1 Answer | Asked in Banking, Business Formation and Business Law for Ohio on
Q: I help with an online business that isnt an actual established business, kind of like selling stuff on facebook.

over the past month I helped with collecting the payments and sending them to the vendor for the items. The vendor never shipped any items, she made fake tracking numbers, and etc. People are saying they are going to report me because I took their payment but I have proof from my bank account that... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 5, 2019

Since you saw the need to double down and admit to being involved in further cybercrimes I saw the need to repeat my advice posted in answer to your earlier question.

Based on your own description of the "online business" that you say you "help run" it will be hard for you to convince many...
Read more »

2 Answers | Asked in Banking, Business Formation and Business Law for Ohio on
Q: I help run an online business, and I need advice

over the past month I helped with collecting the payments and sending them to the vendor for the items. The vendor never shipped any items, she made fake tracking numbers, and etc. People are saying they are going to report me because I took their payment but I have proof from my bank account that... Read more »

Matthew Williams
Matthew Williams answered on Aug 4, 2019

You should hire an attorney to go through the transactions, the customer complaints, and the rest of your business to help you prepare to defend allegations that you are part of the scam.

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1 Answer | Asked in Business Law and Contracts for Ohio on
Q: I’m looking for a lawyer who can sue a big company or if you could refer me to one

I don’t have any

Tim Akpinar
Tim Akpinar answered on Jul 23, 2019

This isn't an attorney referral service; it's just a question and answer board. But you can locate attorneys in the Find a Lawyer section. Good luck

Tim Akpinar

2 Answers | Asked in Business Formation, Business Law and Contracts for Ohio on
Q: I’m looking for a lawyer who can sue a big company or if you could refer me to one

Don’t have more information

Matthew Williams
Matthew Williams answered on Jul 8, 2019

Any lawyer could sue a big company, but without more information none is going to.

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1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: Do I have to give credit to former group members when starting up a software company?

I am interested in creating a program that I started in college for a capstone class. In the capstone class I worked with a group and did research for the program but we never finished it or put it forward as a complete product. I am using some of the feedback we received from the version of the... Read more »

Joseph Jaap
Joseph Jaap answered on Jul 8, 2019

Ideas themselves are not patentable - they have to be put into use. If you alone write a program based on ideas developed by a group, then unless there was a contract or other agreement among the group or with the college, you own the copyright on the program, and are entitled to profit from the... Read more »

2 Answers | Asked in Banking, Business Law and Consumer Law for Ohio on
Q: I was informed and given a letter that I was approved for a $60000 home equity loan but they changed the amount.

I got a letter saying I was approved for a $60000 home equity loan. The next day I was called and told that they were wrong and it was only $40000. The next day I received a letter that stated I was approved for the amount of $60000 signed by a loan officer. I was later informed they wrongfully... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 18, 2019

Do about what? You asked for $60,000 and you are getting $60,000. Where's the beef?

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1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Ohio on
Q: Can you take someone to court for selling you a motorcycle with just a bill of sale and no title?

I sold a guy a motorcycle with just a bill of sale, title came in the mail days after the sale was made. He's threatening to take me to court because he has received the title I mailed him because he started to get hostile with me.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 21, 2019

Unless you surrender the title the prospective owner will probably sue you.

1 Answer | Asked in Business Law, Identity Theft and Real Estate Law for Ohio on
Q: adisneyworld.com is my domain name. can i use this domain name for amazon affiliate marketing?
Joseph Jaap
Joseph Jaap answered on Apr 22, 2019

Disney is likely to sue you for trademark infringement, which could allow them to collect damages and their attorney fees from you. Use the Find a Lawyer tab to talk to a local trademark attorney before using that domain name.

1 Answer | Asked in Consumer Law, Business Formation and Business Law for Ohio on
Q: I bought a car through a dealership, A, and I make my official car payments to loan group B. Can A repo my car?

I bought a car through a dealership, A, and I make my official car payments to loan group B. I did not have enough money at the time for a down payment, but worked out a monthly plan with A while still making payments to B. So thats $420 to A, monthly and another $226 to B, monthly. I had about 3... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 9, 2019

If the car dealership has a valid lien on the vehicle for the amount you owe, then it could repossess the vehicle. Try to work it out with the dealer.

1 Answer | Asked in Contracts and Business Law for Ohio on
Q: I am trying to obtain a copy of Case# 2:2018CV01223. I am not a lawyer so how can I go about this?
Joseph Jaap
Joseph Jaap answered on Mar 15, 2019

Check the court web's site for case search. Enter the case number. Or call the court.

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