Illinois Business Legal Questions

If you mean that an employee does not take personal property with them when they are terminated, then there is no one answer. Certain situations can create a Bailment. Wikipedia describes a Bailment as a legal relationship in common law where physical possession of personal property, or a chattel, is transferred from one person (the 'bailor') to another person (the 'bailee') who subsequently has possession of the property. Your duties could be determined by how you came to be in possession of the property. Typically Contract and Tort law can come into play also. Each situation is different. Generally you should contact the person (if you ca) and give the a reasonable period of time to pick up their belongings with a deadline beyond which they will be donated or disposed of. Some would advise that you keep them in safekeeping for a reasonable amount of time, which could be 3 weeks, months or years depending on the value and burden to you. Now if you are in the property Storage business or have a Towing & Storage yard for automobiles, there are very specific rules that are too numerous and involved to discuss here, especially since we don't know which business to address.  I hope that this gives you a start, you may need to hire an attorney who can gather all the important information that we don't have here.... Read More

Each state has a statute of limitations on actions.  In PA, for example, you would claim either fraud or breach of contract. The former can only be brought within 2 years and the latter within 4.  The reason for the statute is to assure a relatively prompt resolution of matters so that all of us don't have to worry that someone will make some sort of claim many years later when all the evidence may be lost or destroyed and witnesses dead or can't remember. You can check your state's SOL, but I would think it has expired by now.   ... Read More

Yes, you will have several claims available to you (including consumer fraud) but you will need to be able to prove the headphones are counterfeit.  Often times, the most difficult part about these cases is finding the defendant and collecting on a judgment, as people selling counterfeit goods try to hide their true identities.  Feel free to contact us if you could like to discuss the matter further. Brendan R. Appel bappel@balegal.com 847.730.4224... Read More

Your questions raises more questions. Is the fictitious name a name that you have used? If it is a name you have used, it could be problematic for you, personally. The place the litigation was filed does not necessarily need to be in the county in which the business is located. Many factors are considered in determining proper jurisdiction and venue. Depending on the specifics, you may or may not want to respond. If the summons was served on you, the plaintiff obviously thinks you are responsible. I would recommend that you discuss the matter in detail with an attorney who can give you an informed opinion.... Read More

Hi Theodora: The short answer is, it depends on whether the blogs and other sites can ligitimately claim a fair use of your picture under copyright law.  Generally speaking, if they are deriving an economic benefit from using your picture, then the scale is weighted against a finding of fair use, but I would have to examine the uses of the picture before being able to advise you on this point. If the use is not fair, then you may certainly have a claim for copyright infrigement.  Please feel free to email me at bappel@balegal.com to discuss the matter further. Brendan R. Appel... Read More

Hi Lorne: Unfortunately, the answer to your question is, "It depends."  It depends on what you were hired to do at the company and whether the creation of the recipes can be considered a "work made for hire," or whether you created them independently and, thus, can exert ownership over their copyright.  I'd be happy to talk with you about the matter further.  You can email me at bappel@balegal.com Best regards, Brendan R. Appel... Read More

Only if you can show that the hotel knew there were bugs in the room or didn't use proper cleaning and maintenance to avoid them.  Both are hard to prove because the hotel has all the evidence and information.  The fact that there were bugs there doesn't prove what you need to prove.... Read More

Ms. Fragassi: Our firm represents small business. We have helped many clients navigate through disputes with their landlords. Most commercial leases contain a "quiet enjoyment" provision whereby as long as the tenant is not in default under the lease, the tenant is to enjoy the legal right to operate its business free from intrusion by the landlord. I would be willing to discuss this matter further with you. If you wish to contact me, you may contact me by calling our office at 630-824-4808 or sending me an email at jjc@chitkowskilaw.com. Please visit our web site at www.chitkowskilaw.com. Very truly yours,   John J. Chitkowski  ... Read More

The IRS general tax lien, which arises by operation of law under the Internal Revenue Code, is a lien on all property of the taxpayer, not merely a residence. While your residence may be affected by a filed notice of tax lien, the lien applies equally to everything else you own. The IRS has a right to levy against your property (including bank deposits and amounts due you from third parties). The Internal Revenue Code expressly gives the IRS the right to seek recovery from any transferee to whom a delinquent taxpayer has transferred property under certain circumstances. A qualified tax-law litigator may be able to assist you in resolving this matter. In particular, it may be possible to demonstrate that transferee liability does not exist with respect to this sale, and the buyer's attorney may accept an argument to that effect. Failing that, a threat of litigation to recover the amounts withheld may prevail. Also, a qualified attorney can assist you in negotiating a resolution of the underlying issues with the IRS. Please contact our office if we may assist you on a professional basis.  ... Read More

As an employer, you have no duty to continue the employment of an employee who is injured away from business premises and who is unable to perform the duties of the job as a result. You have no duty to provide a wheelchair. You may choose to do so. If the employee is injured as a result of using the wheelchair while on the job, the employee has the same rights as any other employee injured on the job -- workers comp.... Read More

There are too many different variables to answer the question of what which legal entity to choose.  It depends on numerous factual issues.   You should consult a local business/corporate attorney because each state has unique laws and a local attorney can determine what laws apply to your situation - especially considering your use of the mail and interstate transit.  Many attorneys offer a free initial consultations to determine how best to proceed. 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

The answer is "it depends," and it depends on the totality of the circumstances  -- which you do not set forth. Among the factors that would go into a determination to settle, and for how much, are the nature and strength of the senior user's mark, the nature of the harm (if any) that the senior use has suffered, etc. May senior users demand payment and are willing to settle for the infringer's agreement solely to cease and desist. You should obtain counsel and have your attorney review all of the facts.... Read More

As a general matter, an entity must qualify only in states where it has offices or employees or carries on a meaningful business. An entity is not required to qualify in those states where its customers reside if the means of serving those customers is interstate shipping from outside the customers' states. Based on your enumerated options, the answer is "2."... Read More

Please see: http://www.martindale.com/Results.aspx?ft=1&frm=freesearch&afs=consumer%20rights%20illinois 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

You should see an attorney. You have not given enough facts for a good response. Was the business a partnership? A corporation? A limited liability company? The kind of business it is will make a difference regarding what should be done. I have had clients come to me with the same type of complaint, but upon digging into the facts it turns out that there was no business "partnership" at all. That does not mean that you might not have a claim against your "partner"; it means that it may be a different type of claim. You need to sort out the facts and the ramifications of those facts with an attorney does business law and litigation. You should find an attorney with a good reputation. Talk to people who knows attorneys. Call the local bar association. Review the attorneys on sources like lawyers.com. Choosing an attorney should be like choosing a doctor. You want someone you trust who is respected and will do a good job for you, including advice. Whether it is good news or bad news, you want someone who will be candid with you. This answer is not intended to be taken as legal advice and is not meant to create an attorney/client relationship. It is simply meant as a statement of general principals. You should seek the advice of an attorney after providing all of the relevant facts.... Read More

Unless you have an employment agreement, or sometimes an employee handbook, which specifies the reasons why  you can be fired, or there is some statute which provides that you cannot be fired for a specific reason (such as race, religion, age, etc.), you can be fired for any reason at any time.  Your client can decide to sue you, because anyone can sue anyone at any time, but that doesn't mean she will win.  She can also try to have criminal charges brought against you, but this is less likely.  As for whether you should sign the resignation letter, I think you need to consult with a lawyer in person, and give him or her more information than you can provide in this limited forum.  For what it's worth, and from the very limited information you have provided, it doesn't sound to me as if you should sign it.  It could not only be taken as an admission (which I would not advise you to sign even if you had done what the lady accused you of doing), but might affect your right to unemployment insurance and other benefits.... Read More

First of all, you want an attorney with a good reputation in the community, above all. Talk to friends, neighbors, people that you know and ask them candidly if they know any attorneys. You can call the local bar association or check out the local bar association website. You do not need a hired gun; you need someone who knows the area of law and will work diligently toward an efficient resolution. As for the area of law, you need someone who is familiar with the Home Remodeling an Repair Act and contract law. If your deposit was under $10,000, then it is a small claims case. Frankly, the smaller the amount, the lass sense it makes to hire an attorney. Most attorneys charge by the hour. Just getting up to speed on the facts of your situation could take a couple of hours. Preparing a complaint to file could take a couple of hours. Each court appearance is at least an hour. If the other party opposes the complaint, then there is no telling how much more time will be needed to reach a resolution, especially if it must go to a hearing (trial). Small claims court is relatively streamlined, but getting to a resolution still takes time. Attorneys fees can add up. The suggestion advice I will give is to find someone who does a lot of small claims cases. Those attorneys depend on volume to be efficient, because it makes little sense to handle one small claims case at a time. It just doesn't work well. If you call a reputable attorney who does not handle small claims cases, they should be able to refer you to a good attorney who does that work. Some county bar associations have websites that list the attorneys who do different types of law. You could also try lawyers.com to research attorneys in the area who do contract and small claims cases. This answer is not intended to create an attorney/client relationship and is not intended to be relied upon as legal advice for the specific situation. It is a general statement of applicable principals only, and should not taken as a substitute for getting specific legal advice from an attorney who knows all the relevant facts.... Read More