Tennessee Business Law Questions & Answers

Q: I signed a contract with a new waste service provider. Now my old waste service provider is in the picture

1 Answer | Asked in Business Law and Contracts for Tennessee on
Answered on Nov 9, 2017

It is very hard to truly understand and evaluate your situation in this question and answer format- a lawyer needs to see both contracts and get the facts straight. However, the most important thing I glean form you question is the statement where you say "my son signed the contact"- are you saying he signed your name ( acting as your representative ( with a power of attorney) or did he sign his own name. You are not bound by any contract unless you signed it, or you authorized someone to sign...
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Q: A business was given to my friend and the boss changed her mind and wants it back. Nothing has been signed yet.

1 Answer | Asked in Business Formation, Business Law, Civil Litigation and Contracts for Tennessee on
Answered on Nov 8, 2017

Interesting issues here. Assuming the following.

Your friend had reached an oral agreement to buy a business.

As a result he started actually operating the business including doing some construction work.

The old owner started a new job. - and was out of town. She was to sign papers formally selling the business when she returned.

On social media she published she had sold the business.

She has returned and now wants to keep the business....
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Q: How do you get out of a partnership you no longer want to be in I own 25% of partnership and he won't dissolve or buy

1 Answer | Asked in Contracts and Business Law for Tennessee on
Answered on Oct 28, 2017

If you have a partnership agreement, it should have provisions setting out how you withdraw or disassociate. You should talk to an attorney on the best way for you to accomplish what you are wanting
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Q: How do you get out of a partnership agreement that your partner won't let you get out of can he hold you

1 Answer | Asked in Contracts, Business Law and Legal Malpractice for Tennessee on
Answered on Oct 28, 2017

A partner generally can "withdraw" from a partnership. But this does not remove from liability for any existing debts. If there is a written partnership agreement it may have language that spells out how you withdraw.
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Q: I entered into an agreement with a builder. He has stolen 100k+ and mis appropriated funds. How can I prosecute him?

1 Answer | Asked in Business Law, Consumer Law, Contracts and Construction Law for Tennessee on
Answered on Oct 27, 2017

In very rare circumstances, there can be a "private prosecutor" - however, this will require the consent of the district attorney's office. You will want to meet with the elected District attorney in your district, not a deputy or assistant district attorney. Try to emphasize the number of people affected by this person's actions. Construction cases are often complicated and the DA are mostly concerned with crimes of violence and drugs. You have to convince them that a large number of VOTERS in...
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Q: I have a S corp business in TN. If I'm personally sued, can my business be collected against for a personal asset?

1 Answer | Asked in Business Law and Collections for Tennessee on
Answered on Oct 26, 2017

A corporation is a separate legal entity- it is not the same as a sole proprietorship. The corporation has its own bills and records, and hopefully, you have keep the business records and assets separate from your personal bills and records. Many people fail to appreciate the difference and co-mingle their assets and records, especially when it is a small or single owner corporation, and if you have not observed the formal requirements of dong business as a corporation, a court can 'pierce the...
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Q: Does a customer have the right to keep your rental equiptment without paying for it? If not, how do you get it back?

1 Answer | Asked in Business Law, Civil Litigation and Consumer Law for Tennessee on
Answered on Oct 23, 2017

It sounds like a lawsuit which more likely will have to be decided by a judge. If they signed agreements, you may prefer court as opposed to trying to settle with them. You should consult an experience litigation lawyer. They may be subject to being sued in your State. Ultimately, you will have to decide whether the time and expense of the lawsuit is worth what you may recover- adjust your business practices to avoid future similar situations.
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Q: Is it illegal in TN for a counselor/psychotherapist to have a romantic relationship with a former client.

1 Answer | Asked in Business Law, Consumer Law and Criminal Law for Tennessee on
Answered on Oct 12, 2017

Immorality turn into illegalities.
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Q: Is a closely-held C corporation in TN permitted to re-designate some shares as "non-voting"?

1 Answer | Asked in Business Law for Tennessee on
Answered on Oct 12, 2017

This is too complicated to answer in this type question and answer format. If it is possible ( and you can't take away or dilute other shareholders voting rights) the process would require a thorough review of the bylaws and charter. This is probably too complicated to attempt without an attorney.
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Q: Hi. Is cooperative (such as a worker-cooperative) an option as a business entity in Tennessee?

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Answered on Aug 14, 2017

This is not a recognized form of business. Consider a member managed Limited liability company (LLC).
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Q: In TN can a employer fire a employee for not signing a dock pay agreement

1 Answer | Asked in Business Law, Contracts and Employment Law for Tennessee on
Answered on Aug 5, 2017

In the absence of an employment contract or union agreement an employer in Tennessee can terminate for any reason. If there is a contract there may be a description of a disciplinary process or other terms of employment - for example a step discipline process. In the absence of an agreement, if the termination is without cause the employee may be entitled to unemployment benefits.
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Q: Can a contractor change a verbally agreed upon hourly payrate after I have completed the work?

1 Answer | Asked in Contracts, Employment Law, Business Law and Construction Law for Tennessee on
Answered on Jul 12, 2017

Any licensed contractor is subject to discipline from the State licensing board. The board has a process for hearing consumer disputes. I suggest you contact them. The legal principles fro determining whether a worker is an employee or independent contractor are the same- the key factor being the ability to control the details of the work.
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Q: If a person commits the crime of "hindering a secured creditor" but the value is greater than $999.

1 Answer | Asked in Business Law, Contracts, Securities Law and Criminal Law for Tennessee on
Answered on Jul 11, 2017

Sorry, but your question is unclear- hindering a secured creditor is a class "E" felony. Some theft offenses are graded according to the value - in some situations under $500 or $1,000 could be a misdemeanor. However, this code section says its a felony. If you have not already done so, report the offense to the police and help the District attorney prosecute the offender. Consider speaking to an attorney to give you advice on possible civil remedies.
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Q: what are the laws regarding dissolved LLC's who enter into contracts representing themselves as registered and active

2 Answers | Asked in Contracts and Business Law for Tennessee on
Answered on Jul 6, 2017

If an entity is administratively dissolved, it can pay the appropriate fees and be reinstated. This shouldn't impact a claim against the entity. A person may also have a direct right of action against the person that signed the agreement.
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Q: I traded my BMW for an infinity but have not given them the title. Can I trade back?

1 Answer | Asked in Business Law and Consumer Law for Tennessee on
Answered on Jun 6, 2017

You need to talk to a Tennessee lawyer (assuming that is where the car was traded) whose practice includes consumer law IMMEDIATELY. Many states have a three-day right of rescission and consumer protection acts that may apply to your transaction. If you can't find a lawyer using the Justia categories, try searching on Avvo.com or Lawyers.com for a Consumer Protection lawyer licensed in your state.
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Q: Question regarding forming LLC and passive investment while being on H1b

1 Answer | Asked in Business Law and Immigration Law for Tennessee on
Answered on May 22, 2017

There is a gray area between working which would cause your visas to automatically terminate, and passively managing investments. If you have a manager and you and your partners are directing him and overseeing the business - it may be okay. However, if you guys are behind a cash register 24/7, then you'd be deemed as working illegally.

Q: Can a business in Tennessee that has no postings against legal carry of firearms ask you to leave the property

1 Answer | Asked in Civil Litigation, Business Law and Civil Rights for Tennessee on
Answered on May 15, 2017

Yes- if its private property, the owner of the business property can always ask that someone leave- just as any homeowner has the right to ask guests to leave whenever they no longer want guests.
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Q: How to determine if you have entered into a enforceable contract?

1 Answer | Asked in Business Law and Consumer Law for Tennessee on
Answered on Apr 17, 2017

No, you say no documents are signed. any contract for the sale of goods over $500 must be in writing. You have probably lost the $100 since its just a "swearing contest" between the couple and the dealer about what was intended.
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Q: Without me knowing my father talk with shop bout fixing a peterbilt I never ok for nothing who is responsible

1 Answer | Asked in Criminal Law, Business Law and Small Claims for Tennessee on
Answered on Apr 13, 2017

Your claim is against your father. He authorized the work, so he should pay for it. He had apparently authority to act, so I don't think there is any fault on the part of the repair shop. They did the work as instructed, and are therefore entitled to retain possession of the vehicle until they are paid. if your father acted without your permission, he caused the situation and should be required to pay. The legal term is "conversion"- he converted or exercised control over something without your...
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Q: If a nonprofit restated and amended their bylaws does that nullify any previous bylaws and amendments?

1 Answer | Asked in Business Law for Tennessee on
Answered on Mar 24, 2017

As of the date of the approval of the new by-laws, the operations of the Non-Profit are only governed by the new by-laws. Actions taken under the prior by-laws are still valid or invalid as the case may be. However, going forward the new by-laws and the articles of the Non-Profit govern the operations of the Non-Profit.
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