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Ohio Business Law Questions & Answers
1 Answer | Asked in Business Law, Consumer Law, Federal Crimes and Criminal Law for Ohio on
Q: Who is at fault? A customer buys cigarettes with his MI state bridge card (Food stamps).

It was the cashiers first time doing this. Michigan USA. It is not legal. They fired the cashier. The store is now making threats against her husband (but not married). To call police.

Matthew Williams
Matthew Williams answered on Oct 6, 2017

This sounds like it happened in Michigan. You are going to want to repost in that state to find lawyers from that state as laws vary from state to state. In Ohio, it is illegal to buy smokes with food stamps.

1 Answer | Asked in Employment Law, Family Law, Business Law and Juvenile Law for Ohio on
Q: What are the Ohio exceptions of a 17 year old no longer considered a minor without emancipation? For job purposes.

My 17 year old daughter is trying to get a retail clerk position with a company that avoids hiring minors due to policy. The manager stated that if she can find an 'out' of being legally considered a minor, she can be hired. She is a CCP student and although she is considered a high... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 18, 2017

This link provides some information that might be helpful:

https://www.ohiobar.org/forpublic/resources/lawyoucanuse/pages/lawyoucanuse-255.aspx

1 Answer | Asked in Business Formation and Business Law for Ohio on
Q: What forms do I need for an online business??

My boyfriend and I are trying to start an online business. Would this be considered a partnership? If so, do we need a partnership agreement? Does that agreement need to be also signed by a lawyer? (We don't have money to consult lawyers about these things). As far as when we are filing our... Read more »

Joseph Jaap
Joseph Jaap answered on Sep 13, 2017

Those questions cannot be answered on-line. If you want to start your business properly, and avoid future problems, then you need both legal advice and tax advice. So you should save up enough money to obtain that professional assistance so you can start the business correctly. You and he would... Read more »

1 Answer | Asked in Business Law, Employment Law and Probate for Ohio on
Q: Can a business owner have employees care for his elderly mother and then get reimbursement from the estate after passing

When he and two others are the heirs. Basically taking money from the other two heirs.

Joseph Jaap
Joseph Jaap answered on Aug 8, 2017

Use the Find a Lawyer tab to consult a local probate and estate attorney to review all the facts of this situation and advise of potential consequences if the other heirs talk to their own attorneys.

1 Answer | Asked in Business Law and Employment Law for Ohio on
Q: Can the owner of a business send employees to his home and have them work on his house and pay them through the company?
Joseph Jaap
Joseph Jaap answered on Aug 8, 2017

If the owner is the sole owner of the company, probably, as long as they are not asked to do something illegal. Perhaps there are some tax related issues. Employees in Ohio are at-will employees, and can be terminated for any reason or no reason, unless they have an employment contract or union... Read more »

1 Answer | Asked in Business Law and Real Estate Law for Ohio on
Q: My Realestate Listing Contract DOES NOT contain any extension time after the listing runs out for Realtor to get fee

Can I then sell to someone who DID not contact me during the listing period>?

Joseph Jaap
Joseph Jaap answered on Jul 6, 2017

Of course you can sell to that buyer, the question is whether the agent will make a claim for the commission. It depends on the exact wording of the listing contract that you signed. It also depends on the timing, if you signed the sale agreement during the listing period. Use the Find a Lawyer... Read more »

1 Answer | Asked in Business Law and Contracts for Ohio on
Q: Can I get out of a partnership (sell my share) given this clause in the operating agreement?

Operating Agreement says "no Member may sell, assign, hypothecate, or in any manner transfer her interest...without the consent of 75% of the members..."

-I am a man, the agreement says her. I know this is very nitpicky, but is it possible to use this error in language to deem... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 21, 2017

It is very unlikely that the use of "her" would be a successful argument. Many agreements have boilerplate that says the use of any pronoun is deemed to include all genders. Even if your agreement does not have that provision, a court is not likely to agree that "her" excludes... Read more »

1 Answer | Asked in Business Law, Intellectual Property and Trademark for Ohio on
Q: friend came up with a slogan for a shirt, I created the design for it. I want to use it as my company name. Do I owe him

Now he did not pay me or even ask me to make it I just did it based off our conversation. After I made the design I tried to sell it to him but he didn't want it. A few months later I wanted to create a design company using that slogan as the name. I want to use the design as my logo. Would I... Read more »

Joseph Jaap
Joseph Jaap answered on Jun 5, 2017

A slogan is usually too short for copyright protection, so must be protected as a trademark or service mark. That either requires registration with the state or being used in commerce. If he has not registered it or used it in business, then he probably could not succeed on a claim against you.... Read more »

1 Answer | Asked in Business Law, Civil Rights and Criminal Law for Ohio on
Q: Is there a rule 76 or rule 79 that allows police to seize property from a business as evidence if they have no warrant?

An employee at my work was arrested after hours at 3:45am for selling weed/metham in the parking lot after the business had already closed at 1am & he left work after locking up at 1:30am. According to the officers that came into the store the following morning after 7am, they had sent someone... Read more »

Matthew Williams
Matthew Williams answered on May 30, 2017

That's not right...

1 Answer | Asked in Contracts, Business Law and Civil Litigation for Ohio on
Q: Subject Matter Jurisdiction (personal)

Can an ohio plaintiff file in an ohio municipal court to demand a florida-domiciled person to come to ohio to address the plaintiff suit for $4k+ claiming damage to property? If she was duped into coming all the way to ohio under the threat of a default judgment against her, and went to trial,... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on May 25, 2017

No, appearance in court without contesting personal jurisdiction is consent and there's no "duped" exception.

1 Answer | Asked in Personal Injury, Products Liability, Business Formation and Business Law for Ohio on
Q: I'm creating a game that has people travel the city. If they are injured, am I liable? Do I need a waiver or insurance?

Players will not be on my business property. The game utilizes different symbols or locations in the city like a scavenger hunt.

If I would be liable for injuries, would having a mandatory waiver as a part of my website's terms and conditions (that players must agree to in order to... Read more »

Peter N. Munsing
Peter N. Munsing answered on May 3, 2017

As you describe it, if you make part of the rules they comply with all laws etc you shouldn't be liable. If it's a drinking game, that might be different.

1 Answer | Asked in Real Estate Law, Business Law, Civil Litigation and Collections for Ohio on
Q: Can I contact an LLC's bank contacts, employers, etc informing them of a debt that is owed to me?

I am owed over 100K from a business partner (have note) and a collection agency has unsuccessfully tried to get the money for me. The note is in an LLC's name... not my partner's personally. The collection agency asked for $1600 to secure an attorney but now is telling me months later... Read more »

Joseph Jaap
Joseph Jaap answered on May 2, 2017

If you make those contacts, then the LLC and its owners could sue you for slander, interference with business, and probably other claims that an attorney will include. Use the Find a Lawyer tab to consult a local attorney who can advise you on collecting your debt without getting into trouble. If... Read more »

1 Answer | Asked in Business Law for Ohio on
Q: Can an old business partner collect debt from our time together if there was no expense contract only a lease?

This was a 3 year partnership of a shared store front not a shared business, we kept our businesses separate. Now that I have left he is trying to collect added on fees and payments I never agreed to. Everything was verbal and there was no signed agreement on shared expenses. while together I did... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 3, 2017

Anybody can file a lawsuit. Whether a plaintiff wins depends on the facts, circumstances and evidence presented to the court. He could file in small claims court. Verbal contracts can be enforced by the court, but if there is differing testimony, with nothing to corroborate two conflicting... Read more »

2 Answers | Asked in Business Formation and Business Law for Ohio on
Q: Is an operating agreement same as lease agreement between a holding & operating LLC?
Glenn B. Manishin
Glenn B. Manishin answered on Mar 22, 2017

No, an operating agreement governs how an LLC enitity is run among its members (essential shareholders), including division and distribution of profits, not an agreement between two or more LLCs or other legal corporate entities.

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1 Answer | Asked in Business Law for Ohio on
Q: Does a Publicly Traded Co. have to treat allof its customers the same regarding payment, interest rate and late fees
Joseph Jaap
Joseph Jaap answered on Mar 16, 2017

Not necessarily. They can't engage in illegal discrimination or discriminatory business practices, but there are many businesses that offer different terms to different customers based on many different factors. If you have a specific issue, then you should use the Find a Lawyer tab to... Read more »

1 Answer | Asked in Business Law for Ohio on
Q: I have a business in ohio registered name since 1990. I just found out another company is using my name, same business.

They have the exact business in New York State I have, and have terrible reviews. People are pulling up the business name and thinking we are the other bad business. What can I do?

Joseph Jaap
Joseph Jaap answered on Feb 22, 2017

You need to speak with an attorney about possible legal action. Whether or not you have a legal remedy, or can stop the other business from using the same name, depends on many factors. If they have been using it a long time, there might not be much you can do. You might have waited too long,... Read more »

1 Answer | Asked in Business Law and Landlord - Tenant for Ohio on
Q: What kind of lawyer do i need for a commercial lease i want out of due to building problems caused by old water damage
Joseph Jaap
Joseph Jaap answered on Feb 22, 2017

Talk to the lawyer you worked with when you signed the lease. If you didn't use a lawyer, then use the Find a Lawyer tab to consult a local real estate attorney. The attorney can review your lease and advise you who has the responsibility to make repairs. If you were given an opportunity to... Read more »

1 Answer | Asked in Business Law and Employment Law for Ohio on
Q: My wife works for a salon. She is an employee of the company and she doesn't rent a chair. Her salary is commisson

Her employer charges her service charges for every service she provides. Can she wrote those service charges off on her taxes. Her employer said they don't want their employees to do that, however, I don't believe they can do that. Thoughts?

Joseph Jaap
Joseph Jaap answered on Feb 7, 2017

If you don't get any responses here on Justia, talk to your tax preparer or a business tax accountant. They would be familiar with these IRS rules for employees.

2 Answers | Asked in Business Law, Contracts and Mergers & Acquisitions for Ohio on
Q: Transferring ownership of single member LLC from father to son in Ohio, what needs to be done for this to happen?

Family business been around since 1998, became a single member LLC in Ohio in 2013 (though a disregarded entity/sole proprietorship to the federal government). We're looking to transfer ownership from fathers name to sons. Outside of getting account (banking, insurance, etc) setup in new... Read more »

Glenn B. Manishin
Glenn B. Manishin answered on Feb 1, 2017

The IRS assigns EINs to the legal entity, not individual member(s). As a single-member LLC, a sales agreement transferring your LLC shares (membership units) to your son should be sufficient. You should ensure as due diligence that the company's contracts with vendors, customers, etc., are all... Read more »

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1 Answer | Asked in Business Law and Civil Litigation for Ohio on
Q: Can our warehouse supplier refuse to ship our orders because of past due invoices.

We are offering a payment plan. If he still refuses, we will go out of business. If so, do we have legal recourse.

Joseph Jaap
Joseph Jaap answered on Jan 12, 2017

It would depend on any contracts between you and the supplier and the payment terms. If you have violated payment terms by not paying on time, then you would be in breach of the contract, and the supplier could then suspend or terminate further deliveries, and would likely not be liable if that... Read more »

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