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Tennessee Business Law Questions & Answers
1 Answer | Asked in Business Law, Contracts and Tax Law for Tennessee on
Q: Can a corporation retrospectively cancel their promised 401k match contribution.

I am an employed physician of a large health system in NE TN. Because of financial losses they are having due to Covid-19, they have mandated a 20% pay cut for all physicians for a 60-day period. IN ADDITION, they are cancelling the 401k match for the entire 2020 FY (July 2019 to July 2020), which... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 20, 2020

Before I answer this question please allow me to sit the stage: Your employer is struggling to stay on top of the waves during the worst economic downturn since the Great Depression--which started in October 1929 and lasted for most of the ensuing decade. IMO, you and all other employees should be... Read more »

1 Answer | Asked in Business Law for Tennessee on
Q: Can a small business in Tennessee make you work on a stay at home order in Tennessee?
Anthony M. Avery
Anthony M. Avery answered on Apr 17, 2020

Unless you have a contract Tennessee is an employment at will State. You can be terminated at anytime. So yes the boss can require you to work from home.

1 Answer | Asked in Employment Law, Tax Law, Business Law and Social Security for Tennessee on
Q: How to get SSA withholding that my now deceased employer failed to send to SSA?

My employer failed to send SSA withholding to SSA for many years. All employees' SSA statements show $0 for those years. She passed away last year and her family closed that business entity and reopened with a new name, retaining all employees. The new company has paid SSA as required. The... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 15, 2020

Generic legal advice to all humans being asked to sign anything important--ever: Before signing any document that in an y way raises concerns about the possible affect of that document you should ALWAYS send a copy of the document to your family lawyer and ask them to flyspeck it and advise you... Read more »

1 Answer | Asked in Business Law for Tennessee on
Q: What can be done if audit if LLC shows money missing or partner purchased personal items with LLC money?
Bennett James Wills
Bennett James Wills answered on Apr 14, 2020

Much more information is needed here. You should first look to the operating agreement for a remedy. If there's not one, demand the money back from the member. Otherwise, you may need to consider litigation against the member for misappropriation of company funds. In any event, you would be... Read more »

1 Answer | Asked in Contracts, Family Law and Business Law for Tennessee on
Q: If I completed my ordination online, can I officiate a wedding in the state of Tennessee?
Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Apr 9, 2020

No. T.C.A. 36-3-301. Persons who may solemnize marriages.

(2) In order to solemnize the rite of matrimony, any such minister, preacher, pastor, priest, rabbi or other spiritual leader must be ordained or otherwise designated in conformity with the customs of a church, temple or other...
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2 Answers | Asked in Bankruptcy, Business Law and Tax Law for Tennessee on
Q: Should I file my business taxes as a Partnership or as a Corporation, if i plan to file bankruptcy?

The business is listed as a 2-member LLC. I do not want the other member to be negatively affected by my bankruptcy.

Brian Aho
Brian Aho answered on Mar 26, 2020

The issue that affects your business partner is whether the bankruptcy trustee will want your interest in the business. That depends on the value of the business versus any exemption that might apply. You need to file your taxes based on what you elected at the time of formation or prior to... Read more »

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1 Answer | Asked in Business Law for Tennessee on
Q: Do I need permission from Scott safety to make an adapter that fits their equipment?

I am looking to make an adapter that fits to a Scott face mask that firefighter can use to put a filter in to protect the first responders from the coronavirus. I’m worried there may be an issue with making an accessory that connects to their facemask and I’m not sure if it’s a patented... Read more »

Paul E. Tennison
Paul E. Tennison answered on Mar 26, 2020

What you are attempting to do seems admirable to me in helping firefighters be able to safely continue their important work in the wake of the coronavirus pandemic. You are correct that there could be patent issues relating to this. This article I came across discuss potential patent infringement... Read more »

2 Answers | Asked in Business Law for Tennessee on
Q: Can a store designate times for seniors only to shop and ask for ID?
Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 25, 2020

Yes. A store can limit hours, and who can shop during those hours- so long as it is not discriminating against a protected class.

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2 Answers | Asked in Business Law for Tennessee on
Q: Can a store designate times for seniors only to shop and ask for ID?
Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 25, 2020

Yes. A store can limit hours, and who can shop during those hours- so long as it is not discriminating against a protected class.

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1 Answer | Asked in Business Law for Tennessee on
Q: I was contracted by a 3rd party to do work. 3rd party no longer in business. Can I contact owner for payment?
Anthony M. Avery
Anthony M. Avery answered on Mar 24, 2020

You are missing alot of facts which will be important. But if you are careful in deciding exactly who to sue and where to serve them, you might sue both of them for breach of contract in General Sessions Court. Also it may be worth your while to hire an attorney to file a Mechanics and... Read more »

2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for Tennessee on
Q: What is the most interest that can be charged for a pawn ( loan ) Tn ? Are finger prints required ? Nashville

I think that I am seriously being taken advantage of .I'm being charged thousands of dollars for a loan I have.

Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 18, 2020

I believe a pawn shop can charge 2% per month.

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2 Answers | Asked in Consumer Law, Criminal Law, Business Law and Civil Rights for Tennessee on
Q: What is the most interest that can be charged for a pawn ( loan ) Tn ? Are finger prints required ? Nashville

I think that I am seriously being taken advantage of .I'm being charged thousands of dollars for a loan I have.

Mr. James Charles Wright
Mr. James Charles Wright answered on Mar 18, 2020

I believe a pawn shop can charge 2% per month.

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1 Answer | Asked in Animal / Dog Law and Business Law for Tennessee on
Q: Is it illegal to run a dog kennel business out of a garage? Murfreesboro, TN

There is a home near to me and they have several dogs in crates in their garage. They also have about 6 puppies that they put in their front yard in a small cage. I have never seen anyone spend time with any of the dogs. They do open the garage door occasionally and when they do the dogs... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Feb 7, 2020

If you suspect this is animal cruelty or unlawful contact PAWS in Rutherford County at 615-898-7740. They should be able to respond.

1 Answer | Asked in Business Law, Criminal Law and Federal Crimes for Tennessee on
Q: I was called by a police officer and told that he didn’t want to put out a warrant but was only investigating.

Gave me the number of a “victims” dad to call and work things out. I feel like I’m being scammed

Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2020

Hire a competent attorney to negotiate any prospective restitution to victims. Talking to victims directly is always bad, and make a bad situation much worse.

1 Answer | Asked in Business Law and Public Benefits for Tennessee on
Q: Would Sonic Drive-in be considered a place where the public congregates?

My local Sonic has no restroom for the public, and even denies access to their employee restrooms to their paying customers

Bennett James Wills
Bennett James Wills answered on Jan 8, 2020

They are not required to provide a public restroom, nor are they required to permit a private person to use an employee bathroom unless several conditions are met pursuant to TCA 68-15-303.

2 Answers | Asked in Business Law for Tennessee on
Q: I am 49% owner can a 51% partner force me to disolve our LLC and keep using our business name for themselves?
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Nov 19, 2019

Probably yes, but this will depend on the wording of your operating agreement. He will also be required to pay for the use of the business name, but putting a value on this and other aspects of the "good will" of the business can be difficult.

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Tennessee on
Q: Can a towing company increase the price on a previous quote?

The towing company gave me a $75 quote on towing service and I accepted. Once they got there, they said it was going to be harder than they had expected to get my car out of a ditch. They also needed to call a police offer to direct traffic. Before the officer arrived and before they even towed my... Read more »

Brandon D. Fersten
Brandon D. Fersten answered on Oct 27, 2019

To start, it sounds like you originally had an oral contract for your vehicle to be towed for $75. As such, generally speaking, the towing company was required to tow your vehicle for the agreed upon price. The price is usually offered based on the distance that the vehicle will be towed and the... Read more »

1 Answer | Asked in Business Formation and Business Law for Tennessee on
Q: Where do I file my LLC if I have a new company never registered with the state, but moved to a new state?

My business is registered with the IRS under my home address which was in Tennesee. My company is an outreach (home health) service that does not have a physical location. The services will be provided in Tennessee only at this time, however, I (the owner & founder) moved to Mississippi. Do I... Read more »

Paul E. Tennison
Paul E. Tennison answered on Sep 30, 2019

If you are providing the services in Tennessee, then you should likely either incorporate in Tennessee or you could file in MS and also file in Tennessee as a foreign LLC transacting business in Tennessee. For a deeper discussion of the pros and cons of each option, I recommend you speak with an... Read more »

1 Answer | Asked in Consumer Law, Contracts and Business Law for Tennessee on
Q: From an attorney's perspective, how would a company prevent a lawsuit like the one in Pittsley v. Houser from occurring?

Question: Should the Uniform Commercial Code be applied in a case where installation was defective but the goods are not?

Facts:

1) Pittsley contracted with Hilton Contract Carpet Co. for carpet installation for $4,402; $3,500 for the carpet and $902 for installation.

2)... Read more »

Paul E. Tennison
Paul E. Tennison answered on Sep 30, 2019

This is a very specific, fact intensive question. You should discuss with an experienced business attorney. I recommend you schedule a consultation to discuss this in greater detail.

Notably, your question seems to be one of how an Idaho case applies in Tennessee. That would be unclear...
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2 Answers | Asked in Contracts, Business Formation and Business Law for Tennessee on
Q: LLC partner never paid his share of funds for the business and is now In prison for many years 2 mos after filing LLC.

How can I remove him from the LLC without dissolving my company? I asked him to sign papers to remove him and he refused. He never paid anything toward the business or filings for any of our licenses. He is in debt to the company for his legal fees and using the business credit to fund personal... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 30, 2019

You could file a lawsuit against him to have his membership interest terminated. Consult with local counsel to review the LLC's operating documents to determine your best course of action.

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