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Oregon Business Formation Questions & Answers
1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Employment Law for Oregon on
Q: My employer has been breaking multiple employment laws , he removed his hard drive when he switched payroll co. Strange?

I didn't receive any online paystubs for my direct deposit the entire time my employer used this online payroll company . He switched companies and got a new computer , him and his friend that switched out computers , put up a bunch of security cameras all over the resteraunt. I find this strange... Read more »

Jeff Merrick
Jeff Merrick answered on Aug 22, 2019

Greetings,

This sounds very bad.

I might be willing to help, but first I need to know who is the employer and owner of the business. Also, where you worked and when this all happened.

Jeff Merrick

merrick@jeffmerrick.com

503-665-4234

1 Answer | Asked in Business Formation for Oregon on
Q: Hello, my wife and I operate a small market garden under a simple DBA in Oregon.

We would like to know if it would be advantageous to create a LLC that would make us employees with regular paychecks instead of using profits as personal income. Thank you for your help.

Ashley Demland
Ashley Demland answered on Apr 29, 2019

Generally, the answer is yes - from a liability standpoint. To shield your personal assets from claims against your business, at a minimum you must form an entity separate from yourselves as individuals. That's usually an LLC, but it could also be a corporation. The DBA alone is not enough for... Read more »

2 Answers | Asked in Business Formation and Business Law for Oregon on
Q: Hi, this question is regarding member capital contributions vs profit distributions and what is profit? (In Oregon).

I'm in a new multi-member LLC with uneven ownership percentage but everyone contributes the same dollar amount per percentage, (ie 1%=$2k, 5%=$10k, etc). Almost 100% of the capital contributions will be for 1 private investment idea this year, not stock related. I know the membership operating... Read more »

Daniel DiCicco
Daniel DiCicco answered on Apr 20, 2019

You need an operating agreement to define these terms immediately. Without an agreement, you have no good way to resolve disputes, add or remove members, track profit shares, etc.

You need everyone to come together on this. Frankly you should not be investing money into any company where...
Read more »

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1 Answer | Asked in Civil Litigation, Construction Law, Business Formation and Business Law for Oregon on
Q: I need help in regards to filing a lien on a construction project or write up a demand of payment letter

I was hired by a contractor to install siding and painting.The project is coming to a close and im still owed 54 thousand dollars plus 51 thousand dollars of change orders.I still have to pay out 95 thousand dollars to my subcontractors.I am told by other people that the general contractor said... Read more »

Daniel DiCicco
Daniel DiCicco answered on Jan 29, 2019

Sounds like you will need to sue them. I doubt a letter alone is going to dislodge $100k from someone. You need a real threat. Give me a ring and I can look at it with you.

1 Answer | Asked in Business Formation and Business Law for Oregon on
Q: Does my LLC have to be the persona my online retail store operates as?

Could a company have one name but operate under another? The webside specializes in organic farming and farming tools. Also, is there any liability using "Dr." or "Doctor" so long as I am not giving out medical advice?

Benton R Patterson III
Benton R Patterson III answered on May 8, 2018

A business name does not have to match the name of a website it owns. It is fairly common for a business to own internet properties of a different name. It is likely fine to use the name doctor as part of a longer website name, so long as you do not do anything to suggest or cause confusion as to... Read more »

1 Answer | Asked in Business Formation, Business Law, Contracts and Employment Law for Oregon on
Q: When I was hired on by a company I had to sign a non compete contract June 15 2016. The restriction is for two years.

When I was hired on by a company I had to sign a non compete contract June 15 2016. The restriction is for two years. I habe learned that the new law is 18 months. If that law went into effect January 1 2016 does the contract stand or is it voided by not containing the correct requirements?

Joanne Reisman
Joanne Reisman answered on Jul 27, 2017

I don't know what new law you are talking about. Do you have a citation for it?

1 Answer | Asked in Elder Law, Business Formation and Contracts for Oregon on
Q: Elderly sitting, like babysitting but for the elderly

Four hour maximum sitting time only. CPR certification only. Not looking to make a big business out of this. Would I need insurance, and if so what type? Would a simple contract be enough to cover my bases?

Mr. Michael O. Stevens
Mr. Michael O. Stevens answered on Mar 9, 2016

I do not do elder law, but you might want to look into if this would require some sort of license like a CNA. As to insurance, you always want to have insurance, and a commercial general liability (CGL) should suffice, along with perhaps a professional liability rider. This way if something happens... Read more »

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