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Oregon Business Law 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 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 Real Estate Law, Business Law and Civil Rights for Oregon on

Q: Can a plaintiff in a civil lawsuit transfer the suit to someone else?

If someone buys a property and later you find out that an issue was not disclosed. You file a lawsuit and then you decide to sell the property in dispute. Can you transfer the lawsuit to the new buyer? Can you add their name to the suit and remove yourself?

Daniel DiCicco answered on Jul 24, 2019

Short answer: you can do this. Long answer: it’s complicated to do this and how to go about it it all depends on what’s going on.

2 Answers | Asked in Employment Law, Contracts and Business Law for Oregon on

Q: My employer is requiring that I work in the future following my two weeks.

I work at a low end, fast food restaurant. It is a chain, but owned and operated independently. I put my two weeks in, but the owners are telling me along with other workers who have done the same that (even after our two weeks are completed and we are technically no longer employed) we will still... Read more »

Daniel DiCicco answered on May 26, 2019

Allow me to answer with a technical response: “lol.”

Slavery has been out-lawed for some time now, and no one can force you to work. What are they going to do - fire you? You already quit. If you’re worried about future references then maybe that will be a problem in the future, but...
Read more »

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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 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...
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1 Answer | Asked in Business Law and Contracts for Oregon on

Q: Simple JV agreement? or not.

Good morning,

I think this is a simpler question(s). Do you know if there is an easy way to write an agreement (what type of agreement) between an LLC and a private investor for a potential 1x project? The investor(s) assume the risk of loosing all their cash investment in return for a... Read more »

Daniel DiCicco answered on Apr 4, 2019

I don't think you have a simple option. Let's put it like this - when a real possibility exists that an investor's entire investment can evaporate, and then that eventuality comes to pass - people get mad. They start thinking of where things went wrong and while they may have seemed cool with it up... Read more »

2 Answers | Asked in Banking and Business Law for Oregon on

Q: Can I legally use a personal type (non-business) bank account to pay my business bills and make deposits into?

Is there any legal requirements that would prohibit me from using a simple checking account (non business type) for my family farm? I would not use this account for any personal debt or check writing. Simply to track incoming money and pay farm bills.

Daniel DiCicco answered on Apr 3, 2019

There is no legal requirement per se. Do you have a legal business entity like an LLC? If you do have an LLC then and you have concerns that perhaps one day you could be involved in a law suit, then I would want to keep my personal and business funds separate.

However, if you're just...
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2 Answers | Asked in Contracts and Business Law for Oregon on

Q: What contract should I use for a group of individuals and LLC's together, investing in a 1 time Joint Venture project?

We have a 1 time high risk project in Oregon with multiple individuals investing. Should we I use a "contractual joint venture agreement" or a "partnership agreement" or something else? Their are 8 individual people, 2 LLC's & a "Family Trust". Of which, 7 of the individuals are contributing... Read more »

Daniel DiCicco answered on Apr 1, 2019

You absolutely need to involve an attorney in this process and get a custom contract together. There is no off-the-shelf solution to this kind of arrangement. The greater the risk and the more complicated the arrangement, the more you will need a custom solution for your legal infrastructure.... 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 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 Law for Oregon on

Q: Is it possible for an Oregon non-profit corporation to have "non-voting Board members"?

It seems like a contraditiction in terms, but a non-profit Board I'm dealing with counts other officers as "non-voting Board members", projecting an image of a much larger Board, while also obscuring the identity of the actual "voting" Board members.

Aside from being misleading, is it... Read more »

Daniel DiCicco answered on Jan 2, 2019

This is an interesting question and you may find answers in the corporate documents. It is not uncommon for corporate boards to have various adviser and counselor roles that don't have voting rights. It might be that they are generalizing by saying "non-voting board members" when they mean... Read more »

2 Answers | Asked in Business Law and Employment Law for Oregon on

Q: Is it legal for a company to mandate you stay on the premises when you are clocked out and not on standby?

This is working with menially disabled adults. During the clocked out hours of 2200-0600 no pay is reserved. Is there a way for a company to work around laws that may prohibit such actions. What are the steps that should be taken if this is illegal.

Mr. Michael O. Stevens answered on Nov 12, 2018

While there are sometimes exceptions in federal law to home healthcare, which I'm not sure if there are in this instance, usually if someone is required to be at work they have to be paid. Contact BOLI.

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2 Answers | Asked in Business Law and Landlord - Tenant for Oregon on

Q: I LIVE IN UMATILLA,OREGON. I HAVE BEEN IN MY APARTMENT FOR 5 YEARS. THEY JUST SOLD THE APARTMENT COMPLEX TO A COMPANY -

OUT OF WASHINGTON. THEY JUST GAVE A NOTICE TODAY THAT OUR RENT IS GOING UP $100. IN DECEMBER. WHAT I WANT TO KNOW IS THAT LEGAL TO RAISE IT THAT MUCH AND DON'T THEY HAVE TO GIVE A 90 DAY NOTICE FOR THE RENT

Gregory L Abbott answered on Oct 30, 2018

Assuming you are on a month to month tenancy, they cannot raise your rent during the first year of that tenancy at all. Thereafter rent can only be raised with at least 90 days advanced notice. That said, they can raise the rent any amount they wish - your remedy is to simply give notice and move... Read more »

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1 Answer | Asked in Contracts, Business Law, Landlord - Tenant and Small Claims for Oregon on

Q: I am sub leasing a shop. Everytime i turn around something is changing and going against the contract.

I have been bullied into losing valuable room and have been harassed recently while customers are around by the sub leaser. I dont want to be in that environment and im afraid if i try to press the matter of being civil i can lose more then just the shop of my business. What can i do?

Mr. Michael O. Stevens answered on Oct 15, 2018

Not entirely certain if you are sub leasing to them, or you are sub leasing from them. If you are sub leasing to them, you are the landlord, and you can sent notices of deficiencies or a for cause eviction if they are violating the lease.

If it is the other way around, review the lease and...
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1 Answer | Asked in Employment Law and Business Law for Oregon on

Q: I'm an hourly full time employee. Can an employer change your 8 hour work day to a 12 hour work day without notice?

Mr. Michael O. Stevens answered on Aug 6, 2018

Well, if you mean without advanced notice, generally speaking they can. The fact is, they told you at some point, otherwise you would have left after 8 hours.

The exception would be if the new predictive scheduling law applies to you, but it only applies to some employers:...
Read more »

2 Answers | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Oregon on

Q: Can I sue a company for lost wages who recruited me and then went bankrupt 3 months later due to hidden money issues?

Company recruited me away from a 14 year career and offered me 150 k salary and 20k equity stock. Three months later the board fired the ceo and at the same time the new cfo did an analysis on the company’s finances and found 80 million dollars of debt that was not disclosed to any new employee.... Read more »

Mr. Michael O. Stevens answered on May 11, 2018

You could certainly try, but given they are bankrupt it may be a pointless effort since they have no money.

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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 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 Federal Crimes, International Law and Business Law for Oregon on

Q: I wish to know if buy brand new luxury cars for a dealer to export it to other countries legal or illegal?

I buy brand new luxury cars with the dealers money, then make commission out of it, The dealer send a transportation company to pick up the car. They then ship the car to other counties such as China, Africa, Europe. I want to know if its legal for me to be doing this without getting legal stuff or... Read more »

Jingzhan Wang answered on Apr 10, 2018

For China, it's ok if you legally import it

1 Answer | Asked in Business Law, Civil Litigation, Criminal Law and Arbitration / Mediation Law for Oregon on

Q: Is it illegal to walk out of a nail salon without paying if you received terrible or incomplete service

Our appointment was for a full set and pedicure and waxing. We got a pedicure and waxed but the salon skipped over us for the full set and said we had to come back over an hour later if we still wanted it done. They were being very rude to us and it was embarrassing so we just stopped arguing with... Read more »

Joanne Reisman answered on Feb 12, 2018

You got some service so you should at least offer to pay for the part of the service you got.

1 Answer | Asked in Business Law, Intellectual Property and Contracts for Oregon on

Q: Does an LLC "own" works created by its members by default? Or does it only own what is explicitly put in its ownership?

A group of independent consultants works collaboratively on some projects - primarily joint marketing, and also producing and delivering online training. The group created an LLC to own a bank account and linked online payment accounts, to take in, hold, & pay out pooled funds for collaborative... Read more »

Benton R Patterson III answered on Feb 6, 2018

An attorney would need to review all the facts to answer this question, most importantly, the LLC operating agreement. It is possible there could be joint ownership of the property by the members, if not through the LLC, then through a general partnership created by law as a result of the... Read more »

1 Answer | Asked in Estate Planning and Business Law for Oregon on

Q: Can my accountant “gift” assets from my portion of a family LLC to other members without my written consent?

My family has an LLC WHICH MY 3 sisters and I own in 4 equal shares (25% ea.) I asked to start the process of gifting it away and had agreed to, and signed documents to transfer 6%.

Up until now I was under the assumption that’s all I had agreed to. One of my Sister partners told me “... Read more »

Joanne Reisman answered on Jan 28, 2018

You are describing a complex situation that has written documents that need to be reviewed before anyone can answer your question. There are also potential tax issues that may require the expertise of a tax specialist. It just isn't realistic to post a couple of sentences on a website for this... Read more »

1 Answer | Asked in Business Law for Oregon on

Q: Must I collect sales tax from customers if my business is registered in Nevada, but manufactures and sells from Oregon?

I have an LLC C Corporation registered in Nevada, we manufacture and sell our products out of Oregon. Must I collect sales tax from customers since our business is registered in Nevada?

Joanne Reisman answered on Nov 29, 2017

This is a tax question, not a business law question. I suggest you hire a good CPA and ask them what tax issues you need to worry about with your current business set up. You can also ask what steps you can take to minimize your taxes.

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