Florida Business Legal Questions

A consignment shop, in the absence of an agreement to the contrary, must use reasonable care in the storage and display of your goods. It is not a guarantor of their condition. If the damage is material, you can seek to recover it -- assuming you haven't waived such a claim -- by demand or, if that fails, in a lawsuit, including in a small claims action. Good luck.... Read More

Federal law prohibits discrimination against you in employment based on your disability, provided that you are able to perform the functions of the job. However, no law requires your employer to employ you, to give you any minimum number of hours, or to compensate you for work not done due to slowness of business. Moreover, it is perfectly lawful for your employer to fire you or any other employee, provided that the termination is not effectuated for a prohibited reason. If you believe that your reduction in compensation is a result of your disability status, rather than some other permissible factor, you should consult with an attorney.... Read More

If you are a business, and this is a business contract, then you cannot make a change.  You are bound to pay the trash hauling company for the entire term of the 5-year contract as long as they are continuing to provide you with the services you contracted for.  A contract in writing is enforceable and cannot be terminated except in the case that the other party breaches the contract.  If you stop paying, the trash hauling company can sue you for breach of contract and if they have performed the services, they can collect money from you for the entire term of the contract. If this contract is for residential trash hauling, you may be able to make a complaint to the Florida Department of Consumer Affairs - this is the link to their website.   http://www.800helpfla.com/complnt.html.   The trash hauling company may have violated a consumer protection law or regulation in your state and the department of Consumer Affairs may be able to assist you.  Or you may want to file a complaint with the Better Business Bureau.  But unless the trash hauling company has violated a consumer protection statute, you will not be able to terminate the contract. I am an attorney licensed to practice law in the State of Ohio and I am not licensed to practice law in the State of Florida.  This answer is given for general informational purposes and no attorney-client privilege is established by this communication.    ... Read More

Generally, the client will receive an engagement letter, or "retainer" agreement. This is a contract setting forth the terms of the lawyer's representation of the client and the client's payment duties. Additional disclosures may be provided by the attorney to the client depending on the nature of representation.... Read More

The answer is "it depends." Among other things, a partnership agreement can be very simple or contain very detailed descriptions of the duties of the partners, their respective rights and how the results of their efforts will be governed, divided and paid out. A simple agreement might take one to two hours, including the time spent discussing it with the client and opposing counsel. If negotiations become extensive and there is pushback from the other side, the number of hours involved could grow. Very little paralegal time will generally be involved. Having such an agreement prepared could cost one side $1,000 to $3,000, or more, depending on complexity.... Read More

Most state's Secretary of State websites offer name availability searches. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

while it may be too late to get them to sign written agreements,normally you would get something called a nondisclosure agreement in place prior to disclosing an idea to the company. Without that, you will probably have to establish a written communication trail that provides that you disclosed this idea to them with the intention that you would be compensated if they exploited the idea for commercial purposes. In Florida there was a case several years ago involving Walt Disney World and the wide world of sports complex that was built there. The creators of the idea were given a judgment against Walt Disney World. You might want to try to look that up to get an idea of some of the issues and possibly the difficulties in documenting your claim sufficiently. If appropriate, you might also want to consider disclosing the idea to a competitor that might also be interested in adopting it and trying to get a nondisclosure agreement out of them. However, these types of communications become very difficult with large corporations because they get bogged down in layers of bureaucracy and discussions with corporate counsel, etc. You should use an attorney to help you wade through this and try to get as much protection as possible at this point in your discussions and negotiations. 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

The works are already copyrighted -- under the U.S. Copyright Act, copyright arises immediately upon reduction to tangible form of a work of authorship. Your brother can register the copyright in the works (or you can assist him) by making appropriate filings with the Register of Copyright. Your brother can grant you exclusive rights in the works in a simple, informal agreement, or you can have an attorney draft one for you. No particular form is required. Call my office if you need assistance with this.... Read More

You can become the owner of your husband's sole proprietorship by having him execute a bill of sale or other document of assignment that transfers the business to you. For certain kinds of assets that may be included in a proprietorship (such as real estate, patents or trademarks), other documents of legal transfer may also be required. As the new owner, you may change the name. You may not use your husband's EIN, which is personal to him. An attorney can assist you in the details of this transfer.... Read More

By "employee," I think you mean "employer": your employer cut your hours. As a general matter, in the absence of an employment contract, employment in the U.S. is on an "at will" basis. This means that your employer has the right to change the terms of your employment, or terminate your employment, at any time for any reason or no reason at all, without prior notice.... Read More