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New Jersey Business Questions & Legal Answers - Page 5
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Answered 13 years and 4 months ago by Michael Charles Doland (Unclaimed Profile) |
1 Answer
| Legal Topics: Business
Ask a lawyer is not a discussion or homework forum but rather for individuals and companies with actual legal problems that need analysis and guidance (not legal advice, which requires a lawyer be retained.)
Theres is no "average" lawyer. Every state, every speciality, and every individual is different.... Read More
Ask a lawyer is not a discussion or homework forum but rather for individuals and companies with actual legal problems that need analysis and... Read More
Anyone can sue anyone for anything. Your claims against the appraiser are likely not so stale as to be time-barred. However, in order to prevail on your claim, you would need to prove that the appraiser breached a duty that he owed you, not merely that another appraiser disagrees with his conclusion. To do that, you will need an expert witness (or two), whom you will have to pay, and even then the court is likely to give the appraiser the benefit of the doubt. Even ifyou recover, you likely cannot recover more than the amount you paid the appraiser. Is it worth it?... Read More
Anyone can sue anyone for anything. Your claims against the appraiser are likely not so stale as to be time-barred. However, in order to prevail on... Read More
Your facts do not give rise to any legal rights. In the United States, employers are free to choose which job candidates they will hire and which they will not. It is perfectly legal to discriminate against job candidates on the basis of criminal history.
Your facts do not give rise to any legal rights. In the United States, employers are free to choose which job candidates they will hire and which... Read More
Probably not. In the absence of an agreement to the contrary, employment in Texas is on an "at will" basis. That means that the employer may terminate the employee's employment at any time for any reason or no reason at all. When an employer breaches a contract of employment, the employee's damages are limited to the wages that could be earned over the remainder of the term of the contract. Since an at-will contract has no "term," there are no damages.
In any event, you do not specify that you would have earned any more money at the "new" job than what you earn at your current job. This seems to be an additional problem with your situation.... Read More
Probably not. In the absence of an agreement to the contrary, employment in Texas is on an "at will" basis. That means that the employer may... Read More
This is a trademark issue, not a copyright one. It is absolutely permissible for you to buy these figures at retail through an authorized outlet. However, when you affix the characters to products that are not manufactured by the trademark owner (such as cakes), you may falsely lead consumers to believe that your cakes are authorized or sponsored by the trademark owner. That is the essence of trademark infringement. Whether this kind of claim is capable of being wholly defeated through a disclaimer or other prophylactic measures is something that can be determined in consultation with an attorney. See an attorney to discuss this matter. You are not going to be able to obtain a comprehensive answer from a computer.... Read More
This is a trademark issue, not a copyright one. It is absolutely permissible for you to buy these figures at retail through an authorized outlet.... Read More
Anybody can organize a bank in the United States. However, you cannot accept deposits lawfully unless you have been approved by the Federal Deposit Insurance Corporation. That is not going to happen with a foreign student as the organizer.
Anybody can organize a bank in the United States. However, you cannot accept deposits lawfully unless you have been approved by the Federal Deposit... Read More
The CPSC regulation will have the force of law once enacted. The regulation is limited to its express terms. Magnet sets that do not fall within the specific proscriptions of the regulation are still permitted.
The CPSC regulation will have the force of law once enacted. The regulation is limited to its express terms. Magnet sets that do not fall within the... Read More
Withdrawal by the offeror prior to acceptance
Rejection by the offeree
Counteroffer by the offeree (which is equivalent to rejection and a new offer)
Destruction of the subject matter of the offer without fault of the offeror
Acceptance
Withdrawal by the offeror prior to acceptance
Rejection by the offeree
Counteroffer by the offeree (which is equivalent to rejection and a new... Read More
Employment in the United States is on an at-will basis. That means that an employee's employment may be terminated at any time for any reason or no reason at all, even for a bad reason or a completely "phony" reason. Your facts do not suggest that you have been dealt with in any way prohibited by law.... Read More
Employment in the United States is on an at-will basis. That means that an employee's employment may be terminated at any time for any reason or no... Read More
While a job candidate normally expects an interview to be private, or the details to be held in confidence by the employer (to be more precise), the employer has no legal duty of to refrain from disclosing the candidate's candidacy or any "private" information disclosed by the candidate.
While a job candidate normally expects an interview to be private, or the details to be held in confidence by the employer (to be more precise), the... Read More
As a general matter, an employer has no duty to pay all employees doing comparable work on the same basis, as long as the basis of discrimination is not race, religion, sex or a similar prohibited basis. "Missing" hours generally must be paid for within a reasonable time of discovery.
As a general matter, an employer has no duty to pay all employees doing comparable work on the same basis, as long as the basis of discrimination is... Read More
There is only one way to do this, and it is not perfectly effective: buy insurance, lots of it. Chances are this activity will not be covered by your homeowners' insurance, so you will need to disclose this activity to your insurance broker and obtain additional coverage.
There is only one way to do this, and it is not perfectly effective: buy insurance, lots of it. Chances are this activity will not be covered by your... Read More
This is a difficult, unpleasant and relatively frequently asked question.
As a general matter, an employer is free to terminate the employment of an employee who fails to report for work. This is so even if the reason for absence is a bona fide illness, whether or not the employee has documentation.
There are some exceptions to this rule, but they do not seem to apply. One exception is that pregnancy must be treated like any other illness. However, it does not seem that pregnancy was the reason for this discharge. Another exception is that, under certain circumstances, an employee is entitled to insist on unpaid leave for pregnancy. It does not appear that you requested such leave, so that exception likewise would not apply.
You may wish to consult with a employee-side labor attorney.... Read More
This is a difficult, unpleasant and relatively frequently asked question.
As a general matter, an employer is free to terminate the employment of an... Read More
No. Courts generally don't second-guess employment terminations unless they were premises by overt discrimination on a prohibited basis (e.g., race, national orgin, etc.).
No. Courts generally don't second-guess employment terminations unless they were premises by overt discrimination on a prohibited basis (e.g., race,... Read More
The title certificate is merely evidence of title. However, personal property can be sold pursuant to a possessory (or "mechanic's") lien, and the buyer will acquire good title. As between you and the current lawful possessor of the vehicle, who himself owns record title, you probably lose. In any event, the statute of limitations may prove to be an obstacle. See an attorney where you reside.... Read More
The title certificate is merely evidence of title. However, personal property can be sold pursuant to a possessory (or "mechanic's") lien, and the... Read More
Your question is, unfortunately, lacking sufficient facts and context in order to provide a useful response. If you have a question about a buyout arrangement, you need to discuss them with your attorney, who can review all of the underlying documentation and the economics proposed.
Your question is, unfortunately, lacking sufficient facts and context in order to provide a useful response. If you have a question about a buyout... Read More