California Business Legal Questions

it is not a matter of "fairness" but of technical legal rules. First, you don't indicate the nature of the company, but partnership, corporation or LLC you probably have a right to an accounting to determine missing money and a lawsuit to recover "stolen" money. One's ownership interest, is an independent matter and may have independent value. You probably need to speak to a business attorney or business litigator in your area.... Read More

Mr. Boss gives an very good answer, which I will not repeat. You also need to issue Membership Interests and file the appropriate papers with the Commissioner of Corporations. If you will have any "investors" or "partners" you should also have a Buy-Sell Agreement since there is no public market for your securities if one Member dies, becomes disabled, or wishes to retire. Finally, I thoroughly endorse the comments about putting together a team of a CPA, an attorney, and an insurance agent to assist you on matters before they arise and after they arise.... Read More

The business may be considered a "business opportunity" under Florida law. The agreement you signed must be review to determine this.  If it is a business opportunity and the seller was not registered with the Florida Department of Agriculture and Consumer Services, you may have the right to sue for rescission or damages.... Read More

Much will depend on what was written and what agreements were oral. Normally used property is sold "as is". If you saw the metal bands on your tires and kept driving you had to know they would blow out in a matter of days. Your transmission issue may be different. Small claims court is the place for you.... Read More

Unless the employee is a officer, director, or part-owner of the business, your best option is to fire them. You could have a cause of action for interference with contract or interference with prospective business advantage, but those are long and complex cases, damages are difficult to prove, and the defendant may be "judgment proof".... Read More

TM means trademark. You are using the mark on goods to identify the source and maybe have filed an application for trademark registration which has not yet been granted. SM means service mark. Same as above but service not product. (R) means the US Patent and Trademark Office has issued a registration.... Read More

You might add your name to the deed as Joint Tenant with Right of Survivorship, but an answer you can "rely" on would involve hiring an attorney to investigate all the facts. The beneficiary of a will does not pay the taxes, the estate of the deceased pays the taxes. You might also consider consulting with your family CPA.... Read More

This is a difficult fact pattern. As a general matter, an employer is free to fire any employee at any time for any reason, including failure to report to work due to illness. In other words, unless the employer has a sick-leave policy (which it must follow), it does not need to offer paid time off or even unpaid leave, except to the extent provided by FMLA. Generally speaking, if an employee wants the benefits of FMLA, the employee is expected to request leave and prove that the nature of the illness qualifies for FMLA unpaid leave. FMLA merely entitles you to resume your job if you have been out for no longer than the FMLA maximum; otherwise, you can be terminated immediately. It sounds as if your employer assumed you were on FMLA leave, which is favorable to you. I don't see how you have suffered any legally recognized harm. If you had not been treated as being on FMLA leave, you could have been fired much earlier.... Read More