California Business Legal Questions

1) Yes. No, an LLC is possible. (2) See the website for the Franchise Tax Board (California taxing authority) at www.ftb.ca.gov (3) one (4) Yes, subject to the tax provisions regarding accumulated earnings (5) The TIN is in the name of the company. I am in west Los Angeles. doland@dolandlaw.com... Read More

There is no law that prohibits a California business from retaining email and digital media forever. May businesses have retention policies that are shorter than that. With certain limited exceptions, including where document retention is required for particular purposes, businesses determine such matters in their own discretion.... Read More

It is not readily possible to answer your question from the limited facts provided. These kinds of situations occur fairly often and are heartbreaking. First, as a general matter, an employer is free to withdraw an offer of employment at any time, and, even if employment has commenced, may terminate the employment at any time. The only limitation on these employer actions based on the "at will" employment doctrine is thai the employer may not exercise its largely unfettered right to terminate in a discriminatory manner. Whether you were discriminated against in a fashion that the law recognizes is a question of fact. When a person has a disability and that person is capable of performing the job functions with or without a reasonable accommodation, the disability may not be used as the basis of an adverse job action. However, if the employee cannot perform the job functions even with a reasonable accommodation, the employer need not employ that person. Here, there is conflicting evidence regarding your ability to perform the job functions. While a VA physician "cleared" you (that is not a legal term of art -- presumably it means that you will not hurt yourself doing the job), he made no determination that you were able to perform the job in the manner required by the employer. Indeed, he could not know. The employer's physician determined that you were not able to perform the job in the manner apparently needed by the employer. So you have a huge set of questions of fact, which you have not shared in detail. Among other things, we have no idea what, if anything, about the job (that the employer requires) its physician found you unable to perform. You will wish to discuss these issues with an attorney who practices plaintiff's-side employment law. Providing a more detailed response, based on more detailed facts, is really beyond the scope of a general forum like this.  ... Read More

Since your partner is not active in the business, the most obvious "option" is to remove the cameras after sweeping for them. You will then need to sit down and have a come-to-Jesus meeting with your fellow LLC member (not "partner") about his future role in the business, his unilateral actions, etc. You may wish to be represented by counsel.... Read More

There appear to be several key facts missing from your inquiry. It appears that you were attending beauty school with the aid of a student loan from a third party (not the beauty school itself). Apparently the lender (again, not the beauty school) refused to make further advances to you unless and until you cured some kind of prior default. Although you claim to have cured the default, it is not clear why further advances are being withheld and what, if anything, the school did that was wrong. Indeed, your inquiry does not articulate anything wrong that the school did. When you are enrolled in a school, the duty to pay tuition in the student's. If the student doesn't pay, or doesn't arrange for payment by a third party, the school has no duty to continue providing instruction.... Read More

It is unlawful to use someone's name and likeness for trade or commercial purposes without their consent. It is likewise unlawful to use photographs taken by another without their consent. Facebook has a procedure by which you can protest these uses. If that fails, you can file a lawsuit. See an attorney.  ... Read More

The substantially duplicate version of this question has been responded to. In order to obtain redress, it is likely that you will be required to retain counsel to sue in the locale where the supplier resides. It is extremely difficult to litigate a claim of this magnitude cost-effectively. Good luck.... Read More

It is possible that you may have recourse, but it is not possible to evaluate your claims without a comprehensive review of the documents exchanged between you and the vendor. In particularly, it is necessary to ascertain whether there is an actual contract that was accepted by your vendor or rather an unaccepted order. In addition, the terms of the contract, including any overallotment terms, would need to be reviewed. If this is a meaningful issue for you in economic terms, you should consult with an attorney.... Read More

Generally speaking, the NCAA owes you no duty as a placement agent. It is free to award scholarships to anyone it wishes, to the exclusion of anyone else. It is extremely unlikely that you could prevail in a lawsuit against them under circumstances where you have no contract or other direct relationship with NCAA. You may wish to consult with an attorney who practices civil litigation to see if there is any possibility of success on such a claim based on inequitable conduct by NCAA prior to the time it changed its rule.... Read More

A "hostile work environment" means something other than what you think. Generally, it means that your employer discriminates against a particular protected group (religon, gender, national origin, etc.) and makes life difficult only for members of that group. The fact that your employer is mean, nasty, inconsiderate, requires you to work at a remote location, etc. is not evidence of hostility in a legal sense. If you don't like working there, your employer and you both have the same right -- to terminate the relationship. Unless you are employed by a public-sector employer, you have no First Amendment rights in the workplace.... Read More