Tennessee Business Law Questions & Answers

Q: Is gathering information about a homeowner from the owners neighbors to sell them products an invasion of privacy?

1 Answer | Asked in Business Law, Civil Rights and Personal Injury for Tennessee on
Answered on Jun 8, 2018
Mr. James Charles Wright's answer
I am not aware of any prohibition on this. If your neighbors know, then it is not private anyway. Not much that is truly private anymore.

Q: I'm a contractor and in a dispute with a customer. She is holding my tools ransom. I don't think that's legal?

1 Answer | Asked in Business Law and Civil Litigation for Tennessee on
Answered on Jun 6, 2018
Mr. James Charles Wright's answer
I'm guessing you left them there- the custormer is claiming that you didn't finish the job- and that if you want the tools you can either finish the work or otherwise resolve things. You could contact the police but I am doubtful the police would get involved. After all the customer didn't go get the tools - you left them. You likely would need to bring a lawsuit to get the tools back - so it may be better (less expensive) to try to resolve matters amicably. If you can't otherwise work -...

Q: Can an employer deduct the unpaid balances from customers that haven't paid their bill from commission workers monthly

1 Answer | Asked in Business Law and Employment Law for Tennessee on
Answered on Jun 5, 2018
Mr. James Charles Wright's answer
Commision based worker's are subject to the terms / conditions of their employment agreements. If the contract allows for a chargeback on commissions for unpaid amounts - the employer can do this.

Q: I was just trying to change my partnership into a llc or corp c. I'm looking to build Business credit.

1 Answer | Asked in Products Liability, Business Formation and Business Law for Tennessee on
Answered on May 31, 2018
Benton R Patterson III's answer
If that is all you want to accomplish, you do not need to convert the partnership to another entity. A partnership can obtain an EIN, allowing the partnership to obtain credit and file taxes under the partnership's EIN, rather than a partner's SSN. You can apply for an EIN on the IRS website.

Q: I was charged with a hand gun and i was not in possession of it. They entered my wife's home that i haven’t lived

1 Answer | Asked in Criminal Law and Business Law for Tennessee on
Answered on May 29, 2018
Anthony Marvin Avery's answer
You have not provided enough information, such as whether you have a firearm disability or not. But generally you need to hire a competent attorney to conduct a Preliminary Hearing. The actual owners should be supoenaed to Court, to state ownership, your lack of access, and actual possession. If Indicted, you need to discover fingerprints on weapons, ammunition and accessories. You may need to file a Motion To Suppress Evidence. Hire an attorney now.

Q: Can a gas station in the state of tennessee restrict the use of thier public bathroom to "customers only"

1 Answer | Asked in Business Law, Civil Litigation and Public Benefits for Tennessee on
Answered on May 2, 2018
Mr. James Charles Wright's answer
Yes. A gas station in Tennessee can refuse to allow you to use the restroom-- Unless you have a medically certified condition that by state statute would require the gas station to let you use the restroom.

Q: Can someone be charged with theft of equipment if they got the equipment back?

2 Answers | Asked in Business Law, Consumer Law, Contracts and Criminal Law for Tennessee on
Answered on Mar 27, 2018
Don Himmelberg's answer
Yes - returning the stolen item does not "cancel out" the original crime of theft. Returning the stolen item can affect what charges you would face. For example, if you stole a car and tried to "Get away with it," you could face felony theft charges (assuming the car was worth more than $500); however, if you stole your neighbor's new Porsche and took it for a spin around the block before returning it, you may 'only' face joyriding charges, which is a misdemeanor

Q: They saw me stealing on camera the last time I was there in a dollar general store. Now, way later are accused & embarr

1 Answer | Asked in Consumer Law, Criminal Law, Business Formation and Business Law for Tennessee on
Answered on Mar 22, 2018
Don Himmelberg's answer
If you are facing criminal charges, you should consider calling a criminal defense attorney. Even theft of goods under $500 is a Class A misdemeanor in Tennessee, and can carry up to 11 months and 29 days in jail and a $2500 fine. A defense attorney will be able to advise you of your rights and recommend the best course of action

Q: Where can I find the local ordinances or Tennessee laws regarding pet day care centers?

1 Answer | Asked in Business Law and Animal / Dog Law for Tennessee on
Answered on Mar 21, 2018
Mr. James Charles Wright's answer
Check with the City of Colliersville Codes department. The City Code is online but may not be the most current.

http://www.amlegal.com/codes/client/collierville_tn/

Also, you should check with Shelby County- although the issues here would really relate to zoning- in other words is the activity lawful on the property at that location.

For State laws generally there is a neat website:

https://www.animallaw.info/statute/tn-dog-consolidated-dog-laws

Q: What are the spam laws regarding mailing lists with physical mail, not email in Tennessee?

1 Answer | Asked in Business Law for Tennessee on
Answered on Mar 5, 2018
Peter Munsing's answer
Generally no such laws. Check with your chamber of commerce.

Q: Starting a solar company, I don't have a Contractors License but know many subcontractors, can they install my jobs?

1 Answer | Asked in Business Formation, Business Law and Contracts for Tennessee on
Answered on Mar 1, 2018
Mr. James Charles Wright's answer
Your contractor will need to pull the permit for the project. You may be able to sell the solar equipment. But you cannot be the contractor unless you are a contractor. I would explain in your agreement with the homeowner that you are selling a solar equuipment and that a licensed contractor will install the equipment. So there is no claim that an unlicensed contractor did the work.

Q: Me and my partner were looking to buy a business and gave a check as a earnest money deposit to the business owner.

1 Answer | Asked in Contracts, Business Law and Collections for Tennessee on
Answered on Feb 28, 2018
Mr. James Charles Wright's answer
If the seller will not return your money, look at your contract. Look to see if there is a remedy provision for what happens if one side breaches the agreement. It may include language on where a lawsuit can be brought and other terms. There may be a provision for attorney's fees if a party breaches.

If there is no restriction, you should probably write a letter demanding the return by a date certain or you will file a suit to reover.

In the future, when you buy a...

Q: do I have to sign an assumption of agreement for a business purchase if business is already financed and operating?

1 Answer | Asked in Business Law for Tennessee on
Answered on Feb 24, 2018
Mr. James Charles Wright's answer
It is really difficult to answer with out reviewing the documents. A person is generally presumed to have read what they sign. In fact there is probably language that says you have read and understood. But that doesn't necessarily mean you have to sign new documents.

Q: General partnership.partner is refusing to give me my half of pay for the month that I earned.

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Tennessee on
Answered on Feb 23, 2018
Mr. James Charles Wright's answer
You may have to file a lawsuit to enforce the partnership agreement.

Q: I am looking to start my own security company. I signed a non compete clause in April 2016 for two years. Would I be ok

1 Answer | Asked in Business Law and Business Formation for Tennessee on
Answered on Feb 22, 2018
Mr. James Charles Wright's answer
If your dates are accurate, if you wait 2 months you will have met the time requirement. This would be the safest route. There may be some issues as to the enforceability of the terms of your non-compete. But simply putting your business you will be doing in your wife's name is probably not going to help you. You should have someone look at the noncompete.

Q: How would i go about transferring my 50% ownership of a company to another 50% owner. Also how much money would it take.

1 Answer | Asked in Business Law for Tennessee on
Answered on Feb 8, 2018
Mr. James Charles Wright's answer
You would sale, sign over, transfer your 50% interest either to either the company or the other 50% owner. If it is a corporation - you transfer your stock. If it is an LLC you transfer your membership interest. A simple agreement is all you would need. It shouldn't cost much at all unless there are some complicated details.

Q: Can I advertise on social media that I will reduce my commission?

1 Answer | Asked in Business Law and Real Estate Law for Tennessee on
Answered on Feb 5, 2018
Leonard Robert Grefseng's answer
Generally, yes, any agent is free to negotiate the amount of their commission. However, any listing agreement or fee agreement should be in writing signed by both parties. As to advertising, consider checking with the State licensing board for real estate agents for specific requirements.

Q: A law firm held a lien attached to our mortgage. But the firm dissolved. Does this release us from the lien?

1 Answer | Asked in Business Law and Consumer Law for Tennessee on
Answered on Jan 24, 2018
Mr. James Charles Wright's answer
I am intrigued as to how a law firm ended up with a lien on your home and this may impact the response. But beyond this, if the law firm legally dissolved a proper lien right would not just disappear. The rights would pass to someone- potentially even a creditor of the firm.

Q: What are the tennessee laws on writing up employees for being out of work b/c of snow?

2 Answers | Asked in Business Law and Employment Law for Tennessee on
Answered on Jan 19, 2018
Mr. James Charles Wright's answer
Employers are free to have whatever "snow" or bad weather policy they want to have.

Q: I work at a restaurant/bar. We have a guest who was involved in domestic violence incident. Can we deny him service?

1 Answer | Asked in Business Law and Consumer Law for Tennessee on
Answered on Jan 9, 2018
Mr. James Charles Wright's answer
So long as the owner is not discriminating on the basis of a protected class, the owner can determine who can be served.

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