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Ohio Business Law Questions & Answers
1 Answer | Asked in Business Law for Ohio on
Q: Do you need a permit or vendor license or any certification to run a home based business?
Drew Chalfant
Drew Chalfant
answered on Feb 24, 2021

This is going to depend largely on the nature of your business and where your home is located. If your home is in an area that is zoned for residential use only and you open a business, it may violate the zoning ordinance. While a home-based business that operates exclusively online or doesn't... View More

1 Answer | Asked in Business Law, Contracts, Landlord - Tenant, Estate Planning and Probate for Ohio on
Q: Is my mom responsible for payment of a business lease if she is not on it? Dad died, no will, landlord wants a yearof $

My dad signed a 2 year business lease on 1-19-2021. He passed away 1-31-2021. He leased for 30 years from the landlord, was never late with his payment and now the landlord wants my mom to pay him a year's worth of rent to end the lease. She was never on the lease. They were married for 60... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 16, 2021

If your mom is not a guarantor or co-signer then she has no liability to the landlord and should not pay anything.

1 Answer | Asked in Business Law, Contracts and Employment Law for Ohio on
Q: I am 1099 employee with employment contract. If I get furloughed , does the company still owe $$ for previous sales?

I have an employment contract/non-compete agreement. Would this agreement be null and void also?

Drew Chalfant
Drew Chalfant
answered on Jan 11, 2021

The terms of your contract between you and "employer" would govern what happens if services are suspended and you had made sales that qualify for payment prior to the suspension. Often times, employers will put people on 1099 arrangements when in fact they have a more traditional... View More

1 Answer | Asked in Business Law and Contracts for Ohio on
Q: If my credit report says my auto loan is closed but finance company is harassing me can I walk away from car?

Can I walk away with no obligations in Ohio? It clearly states account is closed and the harassment and interest rate alone may kill me and cat is falling apart. I need nee car ASAP. Please help

Bruce Alexander Minnick
Bruce Alexander Minnick
answered on Nov 20, 2020

1. FYI, your credit report status has nothing whatsoever to do with your auto loan status.

2. The lender can continue trying to collect from you until you pay off the car loan.

3. And finally, "walking away" will do no good either.

Again: You still owe the...
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1 Answer | Asked in Business Law for Ohio on
Q: We own a roofing company. We sub-contract all of our jobs. A chimney repairman disappeared from the job. How long do we

It seems he has blocked our number. How long do we allow him to be MIA before hiring someone else?

Mark Martin Turner
Mark Martin Turner
answered on Oct 12, 2020

It depends on the language of the contract but you can treat this as an anticipated breach of contract. If he is avoiding your calls and not responding to e-mails, you can cut him loose now. Send an e-mail stating that. You have an obligation to mitigate any potential damages caused by his... View More

1 Answer | Asked in Criminal Law and Business Law for Ohio on
Q: Can the electric company ask for person information regarding my husband's incarceration?

I am trying to switch the electric bill to my name since my husband has been incarcerated. Can they legally ask for his incarceration dates, where he's being incarcerated, and his inmate number?

Tim Akpinar
Tim Akpinar
answered on Aug 27, 2020

An Ohio attorney could advise best, but your question remains open for a week. If they have a policy along the lines of of "reserving the right to obtain any and all information in furtherance of maintaining the integrity of accounts... ," or something to that effect, it could be... View More

1 Answer | Asked in Business Law, Contracts, Health Care Law and Collections for Ohio on
Q: Can do anything to fight my health insurance company for an over payment claw back? What type of lawyer do I need?

I started a new career 2 years ago and was able to get health insurance through my company. I have some health issues, so rather than cancelling the insurance coverage from my wife, I had her policy switched to my secondary insurance and my new policy as my primary. Yesterday we received a stack... View More

Tim Akpinar
Tim Akpinar
answered on Aug 26, 2020

An Ohio attorney could advise best, but your question remains open for two weeks. What type of lawyer? It looks like you already did a good job of identifying the categories - health care law and collections. You could reach out to attorneys in those categories. If you engage an attorney who would... View More

1 Answer | Asked in Business Law for Ohio on
Q: My dance students paid money to enter competitions but the events were cancelled due to COVID. How can I get refunds?

Competitions are only giving credit, but some of our dancers are not returning to classes. Parents want a cash refund which involves thousands. Basically the competitions are holding our money forcing us to return to their competition.

By law do I have to give these refunds if I have not... View More

Mark Martin Turner
Mark Martin Turner
answered on Aug 19, 2020

Clyde,

The answer is it depends. For the Competitions, the contract the studio/club signed with the Competition legal entity will control that. If the contract says that if the event is canceled or postponed you only get credit, not your money back, that controls. If it is silent about...
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1 Answer | Asked in Business Law for Ohio on
Q: What restrictions are there for disclosing confidential business information if you feel it may not be accurate?

I’m an investor in a privately held company. The company emailed us investors financial statements for 2019 that included settlement amounts from a lawsuit involving an individual. That individual has asked me to provide the specific details regarding the settlement details from the provided... View More

Mark Martin Turner
Mark Martin Turner
answered on Jul 20, 2020

In general, you should not disclose settlements, either that they happened or the amount to anyone outside of the investors of the privately held company. It is highly probable that the settlement agreement itself has a confidentiality/non-disclosure provision that prohibits the disclosure of the... View More

1 Answer | Asked in Consumer Law, Business Law and Gov & Administrative Law for Ohio on
Q: Is it legal in Ohio for retailers to refuse cash payment? All US monies have "Legal Tender" on them...

Most retailers in our area are refusing cash payment and instead are requiring you to pay via card or some sort of cash app.

Mark Martin Turner
Mark Martin Turner
answered on Jul 16, 2020

Yes, it is legal for a private business to accept only some sorts of payments and to refuse cash payments. A governmental institution or chartered bank cannot refuse cash.

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for Ohio on
Q: In Ohio, can tan employer request a background check before making an offer?

The Company is in Cleveland Ohio, and requesting a complete background check. No offer made.

Hunter G. Cavell
Hunter G. Cavell
answered on Jul 9, 2020

There are very specific privacy laws surrounding this. Talk with an employment attorney. Also, background checks are not free, so it is a good sign that they are requesting it, but I have only heard of background checks requested after a conditional offer is made and accepted. Talk to an employment... View More

1 Answer | Asked in Business Law and Civil Litigation for Ohio on
Q: Laws about working a shift that harms a medical condition.

What are the laws concerning making someone with a medical condition work a shift that would cause the medical condition become worse? I have a seizure disorder that flairs up due to inconsistent sleep cycles and my employer was scheduling me an overnight shift despite me telling them I was... View More

Tim Akpinar
Tim Akpinar
answered on Jul 8, 2020

An Ohio attorney could advise best, but your question remains open for four weeks. Two options you could consider are (1) reposting your question under Ohio Employment Law, which might be a closer match as a category for the issues you describe (but keep in mind that you would be discussing a... View More

1 Answer | Asked in Business Law for Ohio on
Q: It is right for an accountant to send a large bill when you were only emailing and was never informed of a fee.

I contacted this accountant to have my sales tax set up for when I started making sales. He quoted me a price of $50.00 which I agreed to. We were emailing back and forth and I was asking him questions which he did not fully answer. A few days later I received a bill for $490 dollars. I was in... View More

Hunter G. Cavell
Hunter G. Cavell
answered on Jun 29, 2020

Do you have an engagement agreement with the accountant? If so, then the services and rates should be in it. If not, then it will be harder for the accountant to collect, although I would attempt to work it out with the accountant first, explaining everything you have written here, and an offer to... View More

1 Answer | Asked in Business Law and Civil Litigation for Ohio on
Q: If I am sueing a business for partial ownership can I force them to close while the dispute is being settled?
Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 28, 2020

Unlikely. If there is a true ownership dispute and control over everything then the court will likely appoint a receiver to manage the company while the dispute is resolved.

1 Answer | Asked in Business Law and Civil Litigation for Ohio on
Q: Private Company Stock Ownership Dispute

My Dad had ownership in a private company and he passed away about a year ago. His brother is claiming he bought my Dad's shares out 15 years ago. My Dad did sell part of this shares (about 30% of his shares were sold) to him about 15 years, but not all of them. My Dad never got a copy of the... View More

Bruce Martin Broyles
Bruce Martin Broyles
answered on Jun 27, 2020

In Ohio, the Estate would have an interest in the Company, and the Estate would file a complaint to determine the ownership interest of the Estate. The Company would have ledgers of the stock transfers or the sale of membership units. There would be articles of incorporation or organization and... View More

1 Answer | Asked in Copyright, Business Formation and Business Law for Ohio on
Q: Creating a online program to help pass state testing. Can I use questions from the textbook in the program

Should I reword questions or cite sources or both ?

Joseph Jaap
Joseph Jaap
answered on May 19, 2020

Test questions are subject to copyright. And the testing companies have enough money to go after infringers.

1 Answer | Asked in Business Law for Ohio on
Q: Can a client who makes a reservation for a group (i.e. family photos) sign a liability waiver for the entire group?

Can a client who makes on online paid reservation to rent out our space for a family photo sign a liability waiver for the entire group? Or would we need to collect a signature from each person?

Mark Martin Turner
Mark Martin Turner
answered on May 9, 2020

As a general rule, no. A parent may waive the liability of a minor or incompetent person under their legal charge. But not for another adult. I am assuming that this example is a true family, with multi-adults, not a company photo where there is a single liable person/entity.

The best...
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1 Answer | Asked in Criminal Law, Business Law and Civil Litigation for Ohio on
Q: How to fire a rouge board member completely?

In accordance with our Bylaws, we have fired two board members, we have followed all the procedures as explained in your Constitution. However, these 2 members are being stubborn. They manage to take some of the organization’s fund and they are holding it hostage with them. For the past 9 months,... View More

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 18, 2020

If they have been fired and removed then they are committing criminal trespass and you should call the police report theft and trespass.

On the civil side, if they are refusing to return property, then you can bring a cause of action against them for civil conversion, civil theft, and...
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1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: If I win something. Then the person asks me to pay for shipping, am I allowed to keep what he sends me?

.

Nicholas P. Weiss
Nicholas P. Weiss pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 9, 2020

Can you provide any more information on this question? It's not clear what the legal issue is. Did you win something in a competition but you have to pay postage?

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... View 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... View More

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