New York Business Legal Questions

Unless you have a contract specifying otherwise, you can be fired for any reason not specifically prohibited by statute (e.g. discrimination on the basis of race, gender, religion, etc., certain types of whistleblowing)  Thus, you can be fired, for example, for calling your boss a hypocrite, even if it was outside of work.  I see no reason why you couldn't be fired for refusing to comply with your employer's linked in policy, again unless you have a contract (could be individual or collectively bargained, could arise from an employee manual) which limits when and/or for what reasons you can be terminated.... Read More

Sole proprietorships and llc's are two different things, but I assume that you mean an llc of which you are the only member.  With limited exceptions, llc members are not personally responsible for the llc's obligations (that's the main reason that people form llc's, rather than operate businesses as sole proprietorships), so you are not responsible for the llc's debts right now (unless you have in some way contracted to be responsible, such as by proviiding a personal guaranty), and your wife will not be personally responsible for the llc's obligations after she becomes the owner.  You certainly would not be responsible for the llc's obligations incurred after you have ceased to own it.  However, if you signed any personal guaranties, they would continue in force according to their terms.  As for your wife's personal obligations, as a general rule (again with limited exceptions) you would not be responsible for them.... Read More

The normal remedy for breach of contract is an award of damages, that is the court will require the breaching party to pay money to the non-breaching party to put it (the non-breaching party) in the position it would have been had the contract been fulfilled.  For example, if you breach a contract to sell me a lawnmower for $300, and I have to spend $400 to buy a comparable mower from a store, the Court would award me $100 damages.  In some cases, however, where the performance the breaching party owes is something unique (like to convey a certain parcel of real property) the non-breaching party may seek the remedy of specific performance, which means that they ask the court to compel the breaching party to perform the contract.  So if you breach a contract to sell real estate to me, instead of seeking damages for that breach, I would ask the Court to compel you to honor our contract, i.e. sell the property to me on the terms provided for in our contract. ... Read More

Assuming no problem with the check itself other than insufficient funds (i.e. it isn't forged, etc.), yes.  Your check constitutes a promise to pay the bearer upon presentation; if you fail to do so, you will be sued, and will lose.  Even if you had a dispute with the original holder (i.e. you claim to have been induced to issue the check through fraud, you claim there were problems with the goods or services you received in exchange for the check, etc.), that is no defense to the subsequent holder if he/she is what is known as a holder in due course (someone who pays value for the instrument without notice of any defenses to it.)... Read More

You can't file mechanic's liens just because you claim that someone owes you money.  For example, if you loan someone money and he doesn't repay it, you can't file a mechanic's lien.  Also, if someone owes you money for constructing an addition to his house in Queens, you can't file a mechanic's lien against his house on Long Island.  Mechanic's liens must relate to work done on the property you lien.... Read More

There's nothing illegal about accepting gifts.  It's just that the tax consequences, particularly to the donor, are different if he/she gives money to a registered charity as opposed to a homeless person on the street.  The first may be tax deductible; the second is not.  Moreover, in the situation you described, the donations are going to a non-profit; if I give money to a child collecting funds for the United Way, I have given the donation to the United Way (and should get a receipt from it), not the child.... Read More

If the hood ripped open due to someone's negligence or a defective part or something similar, you can sue the person or persons responsible for damages, which can be measured in several ways, the simplest of which would probably be the amount of your repair costs.  It is also possible that you could sue for emotional distress you suffered when the hood ripped open and you were endangered and in fear for your life.   However, I don't see how the money you have left on your loan correlates to the damages you suffered from the hood ripping open.... Read More

No.  DBA just means "doing business as", it is not a separate legal entity.  Moreover, even if it was a separate legal entity, like a corporation or an llc, your stock or other equity interest in that entity would be a personal asset, which can be sold to satisfy a judgment against you.  For example, if someone has a judgment against you for $10,000, he/she may be able to sell your stock in your business in order to pay off the judgment.  On the other hand, if your business is a separate legal entity, you are not personally obligated on its debts.  For example, if your business corporation can't pay its lease, the landlord can't force you to sell your house, which you own individually, to pay that obligation (providing you have operated the corporation propertly and haven't personally guaranteed the lease, but that's another story.)... Read More

There is no tax on money you already have, except if you gift it or die (gift and estate tax) and then only on large amounts (federal estate and gift tax applies only to millions, while NY State estate tax applies to estates over $1 million, I believe.)  The major taxes you will face are federal and state income taxes (income, not assets - you can have $10 million in the bank, but pay tax only on the interest you earn from it), real property tax (if you own real property in NY), and sales tax on purchases.... Read More

No.  Since there is no diversity, and nothing in your question suggests jurisdiction under the Class Action Fairness Act, there would have to be a federal question for a federal court to have subject matter jurisdiction over the matter.  A federal question generally means that a federal law is at issue.  For example, do any of the claims arise under the Federal RICO, antitrust, securities, copyright, patent, or other federal statutes?  If so, there would be a federal question.  If, however, all claims are state law claims (i.e. claims arising under state statutes or common law claims such as fraud, breach of contract, libel, conversion, trespass, negligence, etc.) there is no federal question.... Read More

An employee can retain such rights in two instances.  First, if the employer agrees.  Generally, employment agreements will contain provisions which make any new idea or device which the employee develops in the course of his/her employment duties the property of the employer, but the employer and employee can always agree to a different arrangement.  Second, assuming that there is no such agreement, if the employee's innovation is related to his employment duties, the result probably belongs to the employer.  However, if the innovation is unrelated to the employee's duties - for example, if a mail room employee develops a new type of welding torch - it probably belongs to the employee.  From what you've written, especially the fact that you have already discussed pursuing the innovation internally, it seems to me that this innovation is in the course of your employment duties (particularly since it appears that you brought the idea to your employer), but you know the facts better than I do.  The safest way for you to proceed is to get your employer's agreement that you can retain the rights, perhaps in return for a token share of any profits.... Read More

I believe that this is not microsoft but a scam, as I have heard of several similar scams going around.  As a general matter, however, if you don't want to be bothered by telemarketers, register online on both the state and federal do not call registries.  Go to www.donotcall.gov and follow the directions.... Read More

I have no idea what Canadian law may provide, but you've just described what would be considered a salaried position under N.Y. law.  I work on salary; I'm paid the same whether I work 10 hours for the week or 80.  In some cases, people are paid by task.  For example, I could hire an attorney and agree to pay him $5000 for handling a motion, whether it takes him 10 hours or 40 hours.  There is nothing illegal about either compensation arrangement.... Read More

In some circumstances, preventing a competitor from entering a market could be considered an antitrust violation, but this is not one of them.  Do you have a lease or other contract with the market which gives you the right to utilize its space?  If so, what does the lease provide?  Absent a contractual right, or discrimination on a prohibited basis (race, gender, etc.), or some zoning issue, a landlord  has the right to lease its space, or not lease its space, to whatever tenants it wishes.  It is not uncommon for tenants to protect their rights with restrictive covenants in their leases which prohibit the landlord from renting space in the particular shopping center or market to a competitor.  Although your competitor may not have such a restrictive covenant which mandates that the landlord keep you out, if the landlord agrees to keep you out, it has the right to do so.... Read More

You contracted with the furniture company to refund your delivery costs, in consideration of which you agreed not to pursue any claims you might have relating to the poor service.  If the company does not refund your money within a reasonable amount of time, you can sue it for breach of that contract, or alternatively, rescind the settlement agreement and sue the company for any damages you sustained from the "numerous problems" you had with its service.... Read More