Maryland Business Legal Questions

Under federal law, wage-and-hour data generally need to be preserved for three years following the last entry made by the employer. Federal withholding-tax data generally need to be preserved for four years. Most state laws are consistent with these requirements. Generally speaking, as an employer you will wish to preserve records for at least the time period specified by the statute of limitations on any claim by an employee under the applicable law. There is not, to my knowledge, any central repository for this kind of information. Most employers use the federal guidelines.... Read More

As a general matter, a manufacturer's warranty may be on such terms as it wishes to impose. That means that it may lawfully exclude certain warranties, or it may condition warranties upon timely notice, in order for the end-user to receive the benefits of the warranty. In this case, it appears that you did not comply with the notice requirement of the manufacturer's warranty, and that you would have complied but for Best Buy's misconduct in telling you not to comply with the terms of the warranty. Assuming the matter is not resolved to your satisfaction, I would consider asserting a claim (in small claims court or otherwise) against Best Buy. My guess is that they will resolve this claim to your satisfaction if you do not let up.... Read More

Generally speaking, such representation is precluded by Rule 1.9 of the Maryland Rules of Professional Conduct. However, the result may be affected by claims regarding the precise nature of the services that were rendered to you. In any event, you should engage your own attorney now and have him review this situation.... Read More

As a general matter, you need offer no refund at all. A repairman impliedly warrants that he will perform his services in a workmanlike manner. If you have done so, then you may refuse the requested refund. It is not a crime to disappoint a customer and you have committed no crime from your description. The police are not interested in ordinary business disputes. If they sue in small claims or otherwise, you can defend yourself then.... Read More

In a few words, you can't. Specifically, you can't tell whether the document has been amended subsequent to execution, you can't tell whether all of the current parties have signed it, you can't tell whether all of the signatures are valid, you can't tell whether all of the signatories were authorized to sign and not under some kind of disability (such as infancy), and you can't tell whether the terms, conditions and provisions of the agreement are themselves lawful and enforceable. An attorney may be able to assist you in getting closer to the truth.... Read More

What he is doing is committing fraud if the company paying the bill is not aware of the markup. (I take it he is flying himself.) However, since yours is a private company, the federal Sarbanes Oxley act does not apply to you. I am not aware of any state law that offers protection for private whistleblowers.  That is something you should check out with a Maryland employment lawyer. (I'm admitted to practice in Maryland, Ga. and DC,  but I practice in Atlanta). You at least should make sure that you do nothing to assist him in his fraudulent dealings. Sometimes, an anonymous note to your Boss's boss is enough.  (i.e., Don't sign your name like you did with this note.) Michael Caldwell 404-979-3150... Read More

This is really not a legal question. Your employer can fire you for any reason or no reason at all. If they are determined to fire you, they can do so. If they value your continue services and are willing to assume responsibility for the lack of notice to you, they won't fire you. This is a business issue, not a legal one,... Read More

As a general matter, small businesses should be incorporated in the state where they have their principal offices -- in your case, Maryland. This is so because of the multiplicity of tax filings (and tax payments) required when a business is formed in one state and does business in another. You reduce this number to one if you do business in one state and also incorporate there. There are almost never any advantages to proceeding otherwise unless you plan to raise money from a venture capitalist or make a public offering of your stock.... Read More