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Pennsylvania Business Law Questions & Answers
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... View 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,... View 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... View 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... View 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... View 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... View 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
H. Scott Aalsberg
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... View 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... View 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.

1 Answer | Asked in Business Law and Employment Law for Pennsylvania on
Q: Can a business in PA force me to work more than 40 hours a week? and can they force me to work in a different position?

can they force me to work in a different position than one i was hired for?

Peter N. Munsing
Peter N. Munsing
answered on Jun 19, 2017

Barring a union agreement, generally yes, as long as they pay you overtime. Changing work conditions is at the whim of the employer. The law says "don't like it? leave."

As to the different positions, generally same answer unless there is a corporate personnel manual. If...
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1 Answer | Asked in Business Law, Civil Litigation, Contracts, Consumer Law and Probate for Pennsylvania on
Q: Life insurance beneficiary .

My ex-spouse recently passed away. I am his life insurance beneficiary. The policy was taken out before our marriage. Am I entitled to the benefits? I live in Pennsylvania

Kathleen M Hyneman
Kathleen M Hyneman
answered on Jun 7, 2017

If you are the named beneficiary on the life insurance policy, you are entitled to the benefits.

1 Answer | Asked in Business Law and Municipal Law for Pennsylvania on
Q: Hello, do I need a permit to advertise about an event that my non-profit is hosting? We have flyers and other papers

A volunteer group will be walking around door to door to advertise the event. We are not selling anything. We have flyers and other paper materials that we will be handing out to spread the word.

Kathleen M Hyneman
Kathleen M Hyneman
answered on May 30, 2017

The answer to this question depends upon the county where you will be distributing the flyers. Even though you are not selling anything, the township may deem that handing out the flyers is a form of soliciting contributions, and there are townships that require permits for such an activity.

1 Answer | Asked in Business Law and Landlord - Tenant for Pennsylvania on
Q: i am in pike county pa the town is sholoa the question what is the time limitation on filing to get seurity depoist back

from landlord it was back in 2015 july i got sick with cancer

Kathleen M Hyneman
Kathleen M Hyneman
answered on May 15, 2017

It is difficult to give you a completely accurate answer without reading the lease, but I think you should send a letter to your old landlord, certified mail, return receipt requested. Most leases will provide that the landlord has to return the security deposit within a certain number of days, or... View More

1 Answer | Asked in Business Law and Small Claims for Pennsylvania on
Q: I (plaintiff) filed a complaint for 70.000 USD becouse Defendant ( United Corrstack Paper Mill) refused the payment.

In his reply, the defendant engages in dishonest conduct, obstruct the discovery process and make a series of lies.

I have clear evidence for it.

How can I claim a default judgment? To whom to address such a request?

Glenn B. Manishin
Glenn B. Manishin
answered on Apr 20, 2017

You cannot obtain a default judgment after the defendant had answered your complaint. If the facts are clear, you can move for summary judgment as a matter of law based on documents and affidavits.

1 Answer | Asked in Business Formation and Business Law for Pennsylvania on
Q: Can my husband start his own company selling something he originally created for his current employer to use?

He created a product that the truck drivers use at the logistics company he works for. His immediate supervisor did not want to pay him on the clock to produce it. My husband produces them at home and his supervisor purchases them from him via ebay. The company is nationwide, and several other... View More

Nancy L Lanard
Nancy L Lanard
answered on Apr 19, 2017

I do not represent you and do not know all the facts, but it sounds like this was a "work for hire" and that the company he worked for owns the rights to it. However, he could approach the company and see if he is able to sell to others. It sounds like he has a strong position in being... View More

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