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Pennsylvania Business Law Questions & Answers
1 Answer | Asked in Consumer Law and Business Law for Pennsylvania on
Q: If you belong to a private club and you get written up for a tech dont they have to give you copies that is going in you
Peter N. Munsing
Peter N. Munsing answered on Aug 1, 2018

Not complete but you have to look at the governing agreement.

1 Answer | Asked in Business Law and Civil Litigation for Pennsylvania on
Q: Whats my liability/fault?

I own a small business that buys and resells used/unwanted goods. One of my employees sold a vehicle that was his for $500 while representing the store. I as the owner had no idea this was going on. Me or my store did not own the vehicle in any shape or form and was not there when the sale took... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 24, 2018

Worst case scenario--you pay him what the car was worth. The big issue is any liability if he drives. If it's just for the title snafu, you third party in your employee if sued. If you have overall liability insurance, then notify your carrier.

However, for starters your employee needs to...
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1 Answer | Asked in Employment Law, Business Law, Civil Rights and Energy, Oil and Gas for Pennsylvania on
Q: I'm Not getting overtime paid right

90.50 at 27 an hr an 50.50 at 13.50

Peter N. Munsing
Peter N. Munsing answered on Jul 24, 2018

not knowing your overtime rate it's hard to tell what your figures are but the wage hour division of the US Department of Labor would have information on filing a complaint.

Suggest if you haven't already save your check stubs as those should show the hours you worked each week which would...
Read more »

1 Answer | Asked in Business Law and Civil Litigation for Pennsylvania on
Q: I am evolved in a civil case with my ex-business partner over fiduciary responsibility. The case began in 2012 ….1

14 months ago we delivered his discovery request for documents. 14 months later have not heard a word since we rec'd a letter last weeks asking for more documents which we are going to object to. In PA can we not use misuse of process or harrsemement for dragging this case out this long...it... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jul 18, 2018

you can try a non-pros; ask for a scheduling conference to set timelines would make the most sense as it sounds like you are not doing this with a lawyer. Then make sure you have whatever you want out of him or her.

1 Answer | Asked in Business Law and Contracts for Pennsylvania on
Q: I am looking to buy a business but it’s a little complicated/need help drafting a binding contract of sort
Nancy L Lanard
Nancy L Lanard answered on Jun 29, 2018

When buying a business you should have legal representation who drafts an Asset Purchase Agreement and all of the accompanying documents. You should do the due diligence and check that there are no liens on the assets, etc.

I am happy to speak with you about your situation. I do not...
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1 Answer | Asked in Business Law for Pennsylvania on
Q: Does New Jersey corporate law require shareholder approval before executing a stock reverse split?
Cary B. Hall
Cary B. Hall answered on Jun 22, 2018

You're asking this question in a Pennsylvania law forum. Try asking your question on the New Jersey side for an answer concerning New Jersey law. Best of luck to you.

1 Answer | Asked in Business Law, Contracts and Employment Law for Pennsylvania on
Q: I had a NCA with a company that was purchased by another company. Do I still have an NCA?

The company I worked for, was purchased by another company. The new company acquired the assets and its related business and operates the acquired company through a wholly-owned subsidiary.

I did not go along with the new company so my question is whether or not the 2 year non-compete that... Read more »

Carrie A. Ward
Carrie A. Ward answered on Apr 16, 2018

You should have an attorney review your NCA for the best guidance. There may be assignment clauses and the NCA obligations may extend beyond your employment (with either company). It would be wise to engage an attorney to receive solid advice.

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: I owned an MC and Website Hosting Company. Someone else is saying they made my company. Help
Carrie A. Ward
Carrie A. Ward answered on Apr 13, 2018

You need to retained experienced Pennsylvania counsel to assist you with this. What is this third party claiming? Do they have an attorney involved? You need experienced counsel to protect your business.

2 Answers | Asked in Contracts and Business Law for Pennsylvania on
Q: Board members of a company are banning another board member(equal owner) from company meetings and votes.

Small Family LLC, 3 against 1 type of problem.

Carrie A. Ward
Carrie A. Ward answered on Apr 4, 2018

A review of the company's governing documents is necessary. You should engage experienced PA counsel to review the documents, analyze the facts of the situation, and to provide further guidance, which may or may not include litigation based on the specific facts of the situation.

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1 Answer | Asked in Business Law and Car Accidents for Pennsylvania on
Q: I was driving my company’s car and it was a state of emergency My car slipped and now my company is trying make me pay
Peter N. Munsing
Peter N. Munsing answered on Mar 13, 2018

First they can go to their policy. Second, depends on the situation as to car damage. As to you damage, covered by workers comp.

1 Answer | Asked in Contracts and Business Law for Pennsylvania on
Q: Pennsylvania: Indefinite (after Independent Contractor Agreement termination) solicit and/or compete clause enforcable?

I've heard of 1-2 year terms, but indefinite length on solicitation/compete... is that enforceable? If not, even with a "Contractor warrants that the above restrictions will not prevent Contractor from earning a living, and that they are necessary to protect the trade secrets of Company, as... Read more »

Peter N. Munsing
Peter N. Munsing answered on Mar 5, 2018

Depends on how the document is drawn up, what their "investment" in you was--if any. Can't be answered as is. I suggest you get a consultation from an attorney who is a member of the Pa. Assn for Justice and deals in employment issues,

2 Answers | Asked in Business Law, Employment Law and Contracts for Pennsylvania on
Q: Can a company in PA change bonus payment structure after the close of the year, with no prior notice?

The company just released fiscal 2017 results, and we missed most targets. I then get an email saying they are changing our bonus payment for 2017, and the company as a whole will get a flat % due to poor overall company performance. I am part of a sales division that exceeded part of the bonus... Read more »

Carrie A. Ward
Carrie A. Ward answered on Feb 28, 2018

It will probably be an issue for your company if they clearly state the bonus structure in your contract. You should review your contract carefully. If you do not have a contract, your company has the flexibility to change its bonus structure as it sees fit. However, it is a major public... Read more »

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1 Answer | Asked in Banking, Business Formation and Business Law for Pennsylvania on
Q: How can I start & fund a business?

Business, Business Law, Formation, Costs etc.

Nancy L Lanard
Nancy L Lanard answered on Dec 23, 2017

Your question is way too broad to be answered in this forum. You should consult an experienced business attorney and accountant who can assist you figure out if you should operate as a corporation, limited liability company or a sole proprietorship. Additionally, the attorney would need an... Read more »

1 Answer | Asked in Business Law and Business Formation for Pennsylvania on
Q: My business partner has my money and will not put me on books or share profits

I gave my business partner a little over $300-k four years ago. He has not yet put me on the books or shared profits or doesn’t answer my calls and refuses to meet me. I continue to work at the business and run the business. The business partner has complete control of the finances. I just want... Read more »

Peter N. Munsing
Peter N. Munsing answered on Dec 7, 2017

Attorneys fees possible but unlikely. Focus on the rest. If you have that much at stake you need a partnership attorney. You need to retain one, get advice as to what you can do to secure the evidence --for instance on the computers--etc. If you are in eastern PA I can recommend someone to you.

1 Answer | Asked in Consumer Law and Business Law for Pennsylvania on
Q: Can a nj lawyer write a legal position letter to a New York resident on behalf of a pa resident
H. Scott Aalsberg Esq.
H. Scott Aalsberg Esq. answered on Nov 4, 2017

Yes as long as it is about NJ law the clients residence state is irrelevant.

1 Answer | Asked in Business Formation, Business Law and Contracts for Pennsylvania on
Q: I own a small business and I am registered in NJ. We contract to locations in PA. Do I need to register biz there too?

We teach sport classes at daycares, so we don't have any actual facility. We bring equipment to schools and are considered "contractors". The business address is in NJ, so I am hoping that as a contractor, we don't have to register in PA as well even though we do classes over there.

Peter N. Munsing
Peter N. Munsing answered on Oct 25, 2017

If it's at daycare you may well have to. The daycare operator may want you to. You may need a Pennsylvania background check.

1 Answer | Asked in Consumer Law, Business Law, Insurance Bad Faith and Employment Law for Pennsylvania on
Q: Hello. I brought an age-discrimination suit pro sein the Phila. Court of Common Pleasin 2016 . The defendants were a

Phila.-based electrician's union,

IBEW-98. I alleged that the union

failed to admit me into an apprentice program due to my age of 60, despite very high

written test scores.I reached an out-of-court settlement with the

union for the nominal sum of

$2000... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 25, 2017

No. They should help you by retracting the document. But it's not misrepresntation.

1 Answer | Asked in Business Law and Tax Law for Pennsylvania on
Q: I am closing my single-member LLC. What do I need to do from a tax standpoint if inventory assets are distributed to me?

There are no outstanding debts or receivables. A portion of the inventory was purchased PA tax-exempt under the Property to be Resold under PA Sales Tax License exemption.

Peter N. Munsing
Peter N. Munsing answered on Sep 1, 2017

You need to hire a CPA if you haven't already. You may need to continue liability insurance depending on the nature of your llc.

1 Answer | Asked in Business Formation, Business Law and Divorce for Pennsylvania on
Q: I'm starting a business however I'm also planning to ask my husband for a divorce. Is it better to wait to file divorce

My husband is opening a restaurant that I didn't agree to also and I'm concerned about his business failing and mine suffering as a result

Kathryn Hilbush
Kathryn Hilbush answered on Aug 29, 2017

This is a complicated situation best addressed in a face to face meeting with an experienced family law attorney in your area. One way to locate an attorney is to use the Find a Lawyer tab on this site.

1 Answer | Asked in Business Law, Contracts, Employment Law and Workers' Compensation for Pennsylvania on
Q: Where can we get a blank template of a Pennsylvania Independent Contractor Agreement, which we can edit and fill in?

Independent Contractors own their own businesses and are not an employee of their client's company. They do odd jobs for property management company and owners properties as needed, such as mowing, snow removal, minor repairs, etc. Anything larger is per an estimate quote on scope of work needed.... Read more »

Nancy L Lanard
Nancy L Lanard answered on Jun 24, 2017

You should retain counsel to advise you. Each independent contractor situation is different. The attorney can prepare an independent contractor agreement that can be used as a template for the various situations.

Good luck.

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