Missouri Business Legal Questions

From your description -- and we only have your side of the story -- it appears that your employer has not reasonably accommodated your disability in connection with the insisted-upon training. If the employer requires the training to take place at its office, it could accommodate you by paying for your travel. You have offered, and the employer has refused, to do the training at your home. Unfortunately, short of letting them fire you and then litigating the reasonableness of your proposal, which really sounds like a winner to me, I don't see how you fight it. Obviously, you need the job and are in no position to start a fight. Perhaps a reasonable compromise would be to request that the employer make a contribution to your travel costs. If that fails, you might want to consult with a local attorney who handles ADA matters.  ... Read More

The answer is "it depends." I assume you are inquiring about a so-called "joint" account where the account is owned in the names of two parties. Under applicable principles of banking law, each party has the right to withdraw all of the contents of the account. Thus, although the account is styled as a "joint" account, the parties have the right to act severally. For this reason, the bank acts properly when it honors a withdrawal request by either depositor. However, the joint depositors are free to agree between (or among) themselves that withdrawals will only be made in a certain manner, in certain amounts, or for certain purposes. When one party violates such an agreement, it is a simple breach of contract for which the offending party may be liable in damages. Under some circumstances, it might be a crime, but the facts that you suggest do not enable the inference of any crime. People threaten things all the time. Check with an attorney before believing anything. This is not legal advice.... Read More

You can certainly enter into a contract with the purchaser of shares in the corporation that requires the buyer to pay any sales tax liability and to indemnify you (hold you harmless) with respect to those taxes. However, you will still be liable for them, and if he fails to perform his contract, the taxing authority can still come after you.... Read More

Check your loan agreement -- chances are it contains an arbitration clause requiring you to submit all disputes to arbitration and prohibits you from bringing a lawsuit for damages. If that is the case, then you may assert a  claim against the lender, but you must do so in arbitration. Good luck.... Read More

These situations do occur. The law of copyright protects the expression contained in your book, but not the plot or characters (these elements of the book are called "scenes a faire" in copyright law. An experienced intellectual property attorney can assist you in analyzing the movie and determining whether there has been unlawful copyright. If you want to contact our office regarding this matter, please email me and we can take a look.... Read More

Whether this is a lawful practice depends, among other things, on whether the terms were announced or somehow communicated in advance and whether, under the totality of the circumstances, they are commercially reasonable. There is the additional problem that these kinds of sums are not practical to sue for.... Read More

As a general matter, minors cannot enter into legally binding contracts. So, that's your first problem. Your second problem is that the proposed terms of the loans violate state usury laws in your state and most other states. There are possibly severe consequences to engaging in usurious lending, including forfeiture of loan principal and interest, civil and criminal penalties. See an attorney if you are serious about pursuing such a business. You may be able to solve both problems by appropriate restructuring. Of course, lending to minors will still be problematic.... Read More

As a general matter, a lender may not exercise default remedies unless the borrower is actually in default. One possible exception to this rule is the doctrine of anticipatory repudiation. Under this theory, if the borrower states that he intends to default -- by not making the payments or by stating an intention to destroy the collateral -- the borrower may treat those statements as an actual default. If you have questions about your individual situation, you should consult an attorney.... Read More

Missouri's statutes can be researched at: http://www.moga.mo.gov/statutes/statutes.htm Specifically, Chapter XXVIII deals with contracts, and the portion of the Missouri Code dealing with LLC's is located at: http://www.moga.mo.gov/statutes/C347.HTM   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 to your question depends on what was in the contract which governed the sale of the business to you.  Usually the contracts contain clauses which obligate the seller not to engage in any activity in competition with the buyer of the business. These agreements are enforceable in Georgia.    As far as the owner cashing the checks made for your invoices, this can be a felony in Georgia. You should file criminal charges against him.... Read More