Utah Business Law Questions & Answers

Q: Can you get sued if you are from a different country? Also, can chat messages serve as an emplyment contract?

1 Answer | Asked in Business Law, Contracts, Employment Law and Gov & Administrative Law for Utah on
Answered on Jun 8, 2018
Wesley Winsor's answer
Yes,

You can get sued if you are from a different country barring diplomatic immunity, but for the common traveler/tourist, yes you can be sued as long as you meet the minimum contacts in the states. The main question on this is Jurisdiction and service of process. An analysis would fill several pages, but suffice it to say that if you are in the U.S. and the incident causing the suit happened in the U.S. then you can be sued.

Chat messages can serve as an employment contract...

Q: Can a signed form within a company be changed after it had been signed and dated?

1 Answer | Asked in Business Formation, Business Law and Contracts for Utah on
Answered on May 18, 2018
Wesley Winsor's answer
This is a good question, in addition to the issue of whether or not someone can enforce a contract that has been altered from the original provisions agreed to, there might be an issue of whether this was a contract at all.

In all contracts, there has to be "consideration" or something of value being exchanged. I am not sure what the circumstances were wherein you signed the document, but let's explore the issues.

Let's say that you agreed to work for and the company agreed to...

Q: I live in MA and am being sued in Utah by a previous employer for my compensation to be returned to them because I left.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Employment Law for Utah on
Answered on Mar 15, 2018
Salim U. Shaikh's answer
Such pressure tactics are used by employers. My advice is that you immediately consult Attorney of your local jurisdiction and ask him to prepare a cross suit against former employer against willful violation of their contract whereby they hired you for a job relevant to your experience but placed against a different job that led you to leave the company, etc.

Q: My work doesn't want their employees to use their personal cell phone or computer for work. Why is that?

1 Answer | Asked in Business Law and Employment Law for Utah on
Answered on Feb 5, 2018
Salim U. Shaikh's answer
In order to avoid any eventual fowl play on the part of any employees, cell phone or computer are not permitted to be used at place of work.

Q: Can I fight to get my PTO back from my company if I was never informed that it didn’t rollover to the next year?

1 Answer | Asked in Business Law and Employment Law for Utah on
Answered on Jan 30, 2018
Wesley Winsor's answer
First, might I say that I feel for you. That sounds extremely frustrating. I am so sorry that would be a real kick in the pants. Next let me get to your question.

Your terms of employment were probably governed by a contract. I would look first to that contract and whether it said anything about the PTO policy. If it referenced the employee handbook or an alternative document and that alternative document had the policy in there, then you I am afraid that you don't have much of a...

Q: Is it legal for a company to force their employees to leave a positive review with the BBB?

1 Answer | Asked in Business Law, Contracts and Employment Law for Utah on
Answered on Jan 3, 2018
Salim U. Shaikh's answer
Well, it depends. Instead of placing a negative review, you must try to suggest how could they improve their attitude or human policies so that it may attract prospective employees for sake of their betterment.

Q: What are the penalties for using phone numbers for marketing purposes--when the numbers are protected from such use

1 Answer | Asked in Business Law, Federal Crimes, Identity Theft and Consumer Law for Utah on
Answered on Oct 16, 2017
David Humphreys' answer
if consumer credit reports are being pulled from Credit Reporting Agencies and used for cold calling customers by phone, that would be a willful violation of the Fair Credit Reporting Act. Their is a statutory damage provision for damages up to one thousand per person. Whistelblowers have rights under Federal Law. You can get more information at hwh-law.com

Q: How many calls and texts from a company does it go to harassment? This company will call and text up to 4 or more times.

1 Answer | Asked in Business Law, Collections and Consumer Law for Utah on
Answered on Aug 1, 2017
Wesley Winsor's answer
I can only assume that you are talking about debt collection. If that is the case, then here is some information, section 806(3) of the Fair debt collection practices act states:

3. Multiple contacts with consumer. A debt collector may not engage in repeated personal contacts with a consumer with such frequency as to harass him. Subsection (5) deals specifically with harassment by multiple phone calls.

Subsection 5 states:

Section 806(5) prohibits contacting the...

Q: If a contract with a new client requires money to be spent to complete the contract, is that money a business expense?

1 Answer | Asked in Business Law, Contracts and Tax Law for Utah on
Answered on Jul 18, 2017
Wesley Winsor's answer
Nearly any legitimate business expense can be discounted against revenues. I think you will need to be more specific on your question. If you are having to spend money to acquire new or specialized equipment or an upgrade of some sorts then absolutely.

I hope this helps.

Wes

Q: 1. Can HOA litigate member with non valid status of non profit corporation?2. Can HOA adopt not valid declaration

1 Answer | Asked in Business Law, Civil Litigation and Real Estate Law for Utah on
Answered on Jun 8, 2017
Wesley Winsor's answer
Your question is hard to understand. I will try the best I can to answer:

Yes an HOA can bring suit against an HOA member even if that member is a non-profit organization whose status is inactive/expired. This issue revolves around what agents of this non-valid, non-profit did to represent themselves when they entered into the HOA agreement. If they represented themselves as a valid non-profit then the Court will not let the Non-profit escape just because they haven't been organized...

Q: Do businesses have to follow the First Amendment? Are they subjugated to the same laws?

1 Answer | Asked in Small Claims, Business Law and Constitutional Law for Utah on
Answered on Jun 8, 2017
Wesley Winsor's answer
Your first amendment right doesn't give you a license to make other people listen to/read whatever you say. Your first amendment right secures your right to freedom of speech or in reverse, makes it so that any law passed abridging your freedom of speech is unconstitutional. Neither the U.S. Government nor the state of Utah has passed any law abridging your right to the freedom of speech. You do not have a first amendment claim.

I am sure the League of Legends has some "terms of...

Q: Do I need a to get a EIN number from business's who I am paying rent to every month in order to take it as a tax writoff

1 Answer | Asked in Business Law and Tax Law for Utah on
Answered on Jun 8, 2017
Wesley Winsor's answer
If you are running it as a sole proprietorship, then you don't need to get a separate EIN, you can just use your own Social Security number when you report your taxes. If your company is an LLC then you will already have an EIN and you will u se the EIN when you do your taxes.

Can you write off the expense of renting parking lots as business expenses? Yes absolutely. It is a cost of doing business. I may classify it as a marketing expense. All of your expenses including this one...

Q: I process payments as a third party. Can I collect payment in the form of gift cards?

1 Answer | Asked in Business Law for Utah on
Answered on Jun 8, 2017
Wesley Winsor's answer
There is now law that dictates which form of compensation you have to receive. The law does state that you have tor report the value received whether in cash or "in kind". Cash is easy because it is what it is, but gift cards would have a slightly discounted value than their credit amount because it is only redeemable at the certain store.

In short, yes you can, but you will need to report the fair market value of those gift cards as payment received.

I hope this helps....

Q: If property slip 3ways and 2 wanthe to sell put the 3rd person dosnt not can't the 2 sell it out from under the 3person

1 Answer | Asked in Real Estate Law, Business Law and Landlord - Tenant for Utah on
Answered on May 24, 2017
Wesley Winsor's answer
They can only sell their interest in the complex. If they own it together as tenants in common (most likely but I can't say for sure without looking at the deed), then they can sell their interest. I could be 66.66% or something else. They can't make him sell unless they successfully petition the Court to order a partition of the property in which case they could force a sale.

Until the realtor can show you the title with only her name on it, then you don't' have to listen to her. I...

Q: Can I be fired for a religious conversion?

1 Answer | Asked in Business Law and Employment Law for Utah on
Answered on May 16, 2017
Wesley Winsor's answer
I am probably the wrong person to answer this as I don't have much experience in employment law. Here is what I do know. Businesses are unable to discriminate on the basis of race, religion, age, and gender. If the only reason, your boss would fire you is because of your conversion to another religion, then I don't think that they could, because it would be a per se discrimination.

That being said, Utah is an "at will" employment state. This means that you can quit and they can fire...

Q: I currently have a warehouse leased in my name only. I have allowed another business to use some of the square footage

1 Answer | Asked in Business Law, Contracts and Landlord - Tenant for Utah on
Answered on Apr 28, 2017
Wesley Winsor's answer
There are several concerns I have with this. The first is whether your lease with the owner allows you to sublease to another. This isn't a claim that your sub can really raise, but you should take a good look at it anyway.

In the absence of a contract, if it went to court then it would depend on other evidence, witness statements, emails, texts, etc as to what the term of the contract would be.

If none of that is available, then it would most likely be a month to month...

Q: If my father has the right to the patientends, but is deceased who can claim them.

1 Answer | Asked in Copyright, Business Law, Internet Law and Patents (Intellectual Property) for Utah on
Answered on Jan 4, 2017
Peter D. Mlynek's answer
I am sorry to hear about your father's passing.

If your father had rights to the patent (i.e., he did not assign it to his employer, or he has not otherwise sold it or licensed it), then you should treat the patent the same as any other personal property.

Good luck!

Q: Is it illegal in the state of Utah for one motel to call another to drum up business?

1 Answer | Asked in Business Law for Utah on
Answered on Feb 13, 2014
Douglas J. Shumway's answer
Depending on the method utilized to "drum up business" there may or may not be any liability. There are a number of causes of action that most lawyers would be able to think of depending on what was said and sometimes even how something was said. Damages would be difficult to prove and the attorney's fees would probably be outrageous so the motel losing business would probably never really pursue the claims. If you own or work at the motel that is losing business because of the actions of...

Q: Is the recession of 2007/2008 qualify as a 'justifiable cause' for inability to refinance a deal?

1 Answer | Asked in Business Law for Utah on
Answered on Oct 4, 2013
Douglas J. Shumway's answer
To appropriately answer this question a lawyer would require a lot of additional information, but generally, justifiable cause is a very funny thing and rarely do two people agree on what it means without established case law that is on point. You will want to have a business lawyer take a look at the contract that you are concerned about, go over the particulars of your situation, and then he or she will give you some guidance. Most lawyers will provide free consultations so if you don't like...

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