Florida Business Legal Questions

As a general matter, it is lawful for businesses to conduct their operations under an assumed or fictitious name, as long as the name isn't misleading. In this case, if there is a lawful, licensed business and a reasonable consumer would not be misled regarding their identity, I don't see a problem. If you have somehow suffered harm because you were confused into believing that this lender was someone else, it is possible that you may have a claim. If so, you should consult an attorney.... Read More

Chapter 83 of the Florida Statutes is split into three parts: one that addresses residential tenancies, another the other for non-residential tenancies and a third for self storage unit tenancies.  There is a specific statute for deposits under the residential tenancy part.  Florida Statutes 83.49 is what you should look at.  There are time limitations for landlords to provide notice of making a claim on a security deposit. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

This is a very complex question even though it might appear straightforward.  I believe that the primary legal issues you may need to address are securities law issues (requiring among other things disclosure and sometimes filings to investors, governments, etc.).  Other concerns might be establishing default rights, confidentiality, collateralization, etc.  Many more facts would need to be identified and addresses. You are not selling cash - you are selling the opportunity to particulate in the cash flow of a business (or asset).   Who bears the risk if the cash flow should stop or be less than what is expected?  Who gets the benefit if the cash flow increases?  Who is responsible for managing the assets? You really need to consult with an attorney who is able to analyze al of the specific facts and details. As for tax issues, again, without more details it is not possible to even begin to provide any guidance. This is specific to Florida law and does not constitute legal advice as the facts presented are anonymous and incomplete. This is intended for general education only and does not create an attorney-client relationship. This should not be relied on and you must seek your own attorney client relationship.... Read More

Trademark rights are based on first used in commerce. You should ask for a copy of their trademark filing to see when they are claiming first use to see if it is before yours. If the mark is really important to you I would order up a trademark search from Thomson & Thomson (it's about $500) and if anyone else has been using the mark in commerce. If other people have been using the mark before them (and you) they will have a hard time getting their trademark application approved.  ... Read More

It is not possible to answer the question you pose from the information you provided. Is the business an unincorporated proprietorship? Is the business owned by a corporation in which you and your husband own shares? Are you and your husband partners? How is title to the assets of the business held? ... Read More

This sounds very fact specific and I would guess there is more to this than what is written.  What does your agreement with the broker provide?  When is his or her fee or commission earned?  Does he have any contract liability for the "bad deals"?  In the vacation package area in Florida there are administrative regulations that might be applicable against the broker, as well as breach of contract claims.... Read More

There is no law as such.  You should make your personal needs (and those you share in common with your female co-workers) known to your management, and explain the problem created by the requirement of locking the purses in the cars has (attracting car break-ins by thieves looking for purses comes to mind. speak to your local police department about the problems created for establishments by requirements of storing such items in your cars. A small investment in a set of lockers could go a long way toward the employer exhibiting that it actually cares about its employees' well-being. of the employer doesn't respond positively, find a new employer.... Read More

As a general matter, you will not accomplish any income tax advantage by incorporating your single-person business. Because the nature of an S corporation is that income is flowed through to the stockholders (or, in your case, sole stockholder), you will be taxed on the same net income that you would have reported on Schedule C and the owner of a sole proprietorship. There are some minor exceptions to this rule, such as the treatment of Social Security and Medicare taxes, but they are likely not to be of much difference in most cases.... Read More

The lawfulness of the severance clause to which you refer is determined by Florida State law, and I am not a Florida lawyer. Insofar as Florida follows the common law, however (49 states do --Louisiana does not), the clause would be lawful. The reason is because the purpose of the severance payment is to provide the employee who is terminated for economic reasons an income while you are out of work. It isn't offered to provide a windfall. If you find a job, you usually don't need the money (or at least most of the money) from your previous employer. That would be "double-dipping."   Michael Caldwell 404-979-3150... Read More

Generally speaking, all works of authorship created in the United States prior to 1923 are in the public domain because the copyright in those works has expired. Whether or not the company whose ads you propose to reproduce is still in business, there is no protectable copyright interest in the works.... Read More

Generally speaking, when a buyer defaults on a contract for the purchase of goods, the seller is entitled to damages for the buyer's default. The amount of the damages may be limited in certain cases, sometimes to $500 or less. It is not clear from your question what the value is of the money or property retained by the dealer.... Read More

There are so many problems in what you have described, that it is hard to begin.  If you were paid cash, and only had an oral promise to pay taxes and SS, did that actually occur, and did you pay your taxes?  A 1099 is not something you sign, it is something the business sends, like a W-2, to reflect your income.  You still have to file income tax returns, even if you do not get a W-2 or 1099.  You simply report it yourself, rather than having the business report it for you.  You didn't get unemployment, as you were not employed. And, as you describe it, you agreed to not be an employee. Your tax refund is related to your over payment of withholding taxes.  Was money sent to pay SS and federal taxes?  Since you never got a W-2, it would seem that was not paid, which means you need a tax accountant or tax lawyer: ASAP.  What you described is not how any legitimate businessy operates.... Read More

These matters are governed by the laws of copyright and trademark. As a general matter, the "author" of a drawing owns the copyright in it and has the right to preclude others from copying and distributing copies. It may be difficult or impossible to obtain meaningful relief with respect to the time period prior to registration of the copyright, which presumably your uncle has never done. However, if the copyright is registered promptly, relief against future infringement may be obtainable, as well as actual damages. Please telephone my office at (203) 399-1320 if we can be helpful to you.... Read More

As a practical matter, no. While it is possible that you could obtain a judgment against the defunct business, you will be in a position of trying to get blood from a stone. And "piercing the corporate veil" to seek recovery from the owners requires showing a different set of facts, which you have not begun to suggest. For the value of a couple of plants, it's probably not worth it.... Read More

Because your lease is commercial lease, not a residential lease, your lease agreement will specify your rights when the landlord breaks the lease.  Your landlord's liability will most likely depend on the reasoning as to why the building is being knocked down. If it is because the building has been severely damaged, then most commercial leases permit the landlord to terminate the lease agreement without any liability to the tenant. If the landlord wants to tear down the building because he will make more money, etc...  the landlord should have decided that before agreeing to your 5 year lease.    If you want to remain in the property, you will want to argue that the landlord should buy you out of the remainder of lease agreement and pay you for the cost to move your business.  The landlord's options are limited if they do not have a valid basis for evicting you from the property.      ... Read More

The Florida minimum wage is $7.31 per hour. Most employers of "tipped employees" may count tips actually received as wages under the Florida minimum wage.  Instead of paying $7.31 per hour, the employer must pay "tipped employees" an amount equal to the minimum wage ($7.31) minus the 2003 tip credit ($3.02), or a direct hourly wage of $4.29.  So, according to the state of Florida, she is entitled t the munificent sum of $4.29 per hour as opposed to $3.13.  But then again, perhaps the $3.13 is what she makes after deducting for Social Security and other deductions that are largely subtracted only from the earnings of lower paid people.   With a sales tax, which I believe in Tampa is 7%; it is hard to see how she can live on $7.31 an hour, much less having her employer get to reduce her pay, and their cost, by her projected tips.  In my state, Minnesota, service workers are entitled to the full minimum wage, and their tips.  If, in fact she is not receiving even the full $4.29 per hour, she has a claim that is worth pursuing, as there are serious repercussions to the employer, if the workers are willing to seek legal recourse. I have represented workers where the employer reduced the employee's pay by the cost to the restaurant to pay the merchant service fee on the credit cards with which tips were being paid.  It may not seem like much, but the 4% extra deducted from tips can open the employer to substantial payments to the employees, and the employer has to pay the employees' legal fees.  Servers are taken advantage of enough by their employers; the law does impose some limits, even if employees are afraid to avail them selves of those remedies.... Read More