Pennsylvania Business Legal Questions

If you loaned money to the non-profit, you can certainly pay be repaid for that.  You should document the loans and repayment terms.  Its a bit too early to answer questions about dissolution.  Sounds like you had an attorney involved at some point.  I'd suggest getting some governance advice from that attorney on an ongoing basis.... Read More

the big question here is why would the restaurant workers put something like that in your drink?  What possible motivation would they have?  From your story, it sounds like you think they're responsible for your other failed drug tests?  That's difficult to believe unless you can prove some particular motiviation.  If you did not get sick or had no consequences finacially, you probably cannot recover damages. ... Read More

Congracts on starting your own business!  That's an exciting time.  You are wise to seek help.  I would recommend that you retain an attorney (like me) to help you select and form a business entity (corporation, llc, etc).  As for the other business services, you can get lots of help from 1) the small business administration website; 2) small business development centers -- usually associated with local colleges and universities (search sbdc.org for one local to you).  Those places will have lots of resources for start-ups like you to help with business planning, bugeting and tax basics. ... Read More

I presume the seller financed the transaction either with a note or an installment agreement.  Missing one payment should not result in you losing the business and everything you've paid to date.  You can probably stop the seller from taking that action.  You should retain counsel asap so that person can review your contract, get the details of your situation and create a gameplan to help you keep the business.... Read More

No, they cannot.  Employers are under tight restrictions concering deductions from wages due to employees.  If a driver is particularly forgetful, the employer needs to train or terminate non-performing drivers or find some other means of discipline.  Deducting amounts from wages is not a lawful option available to employers. ... Read More

Did you have a written purchase agreement?  if so, did it list the assets you were purchasing?  If so, the agreement serves as the legal basis for you to demand delivery of the assets.  if the seller will not do that, then you'll have to weigh the cost of litigation vs. the value of the assets to determine your next steps. ... Read More

these questions are too broad for a Q and A forum like this.  You acquire a liquor license from an existing owner.  You do not apply for issueance of one from the state.  The state must approve the transfer of the license from the existing owner to you.  The length of the process depends on the type of license and underlying issues involved.  You must own or have a lease for a location where the license will be used.  Typcially when parties on both sides have everything in order, the process takes 90-120 days.  The cost depends on how much the seller is willing to take for the license.  prices vary widely throughout the state.  For the City of Pittsburgh, a R license is going to run b/t $60,000 to $75,000 plus attorneys fees and costs of transfer which you should expect to be arond $5,00-$6,500.... Read More

The primary reason to form the LLC at this point would be risk mitigation.  If you mess something up in doing your work, can it cause financial loss?  Even if there is some risk, I've yet to encounter a case filed by the "client" in your case suing the 1099 person for the damages.  They'd sue the consulting company I think.  You can probably protect yourself by making sure the consulting company has insurance that protects you in the event of such a suit.  If you are going to be working as an IC long term, then a LLC may have some tax advantages over the long term that make it worth discussing. ... Read More

So even though he didn't pay up, did you still put his name on the deed?  I'd have to see the actual agreement to gauge your chances of success and options.  If he refused to convey his interest in the property to you upon request, your next best option would be to file a claim for either specific performance or to quiet the title to the property.  FYI, the transfer of his interest to you will be subject to realty transfer tax of 2% or more of the fair market value of his interest in the property and you'll probably have to pay that. ... Read More

There is no minimum number of directors required for non-profit business entities in Pennsyvlania.  I would suggest at least 3.  Most have more because organizations often use those positions to attract people of influence in the community to participate in the organization.  501(c)(3) is a federal tax code designation for one type of a tax exempt entity.  Non-profit organization is not the same as a 501(c)(3).  State vs. federal law.  not all non-profit organizations are tax exempt. ... Read More

I'm a home brewer myself so your question attracted my attention.  I'd suggest that you form a limited liability business entity, such as a LLC, for your venture.  You are making "food" so you'll probably be subject to your local health department regulations and may need for facility inspected and approved.  Your municipality may also require a business license of some kind so check that out.  For the liquor aspect, you'll have to call the PA liquor control board to determine what kind of license you need and whether one is available in your municipality.  Some types of liquor licenses are restricted in number per municipality.  If the number of licenses approved for your municipality are all in use, then you might have to acquire an available license from another community and ask that it be transferred to yours.  That would require local and PLCB approval.  Good luck and happy brewing!... Read More

Who is the listed grantor on the deed? What interest do you have in the property?  The lawyer notarized someone else's signature or his own?  In order for you to get some advice that is useful for you in this situation, I think you would be best served by having someone review the deed for you. ... Read More

Why not submit a written dispute to that item as shown on your credit report?  The credit reporting company will submit the dispute to the lender and ask that the notation be verified.  If it cannot be verified or if the lender doesn't respond to the dispute, the item will probably be removed from your credit report. ... Read More

It sounds like you've not complied with the repayment terms if there have been penalties (and probably interest) applied to your account.  That can certainly add up and result in more payments than what would have been expected if you paid according to the contract.  You should consider having an attorney review your loan agreement, payment history and give you an opinion if there are errors in the amount the lender is telling you is due. ... Read More

Yor employer is obligated to provide you with a W-2 by January 31 of the year following the taxable year.  it's not unusual for employers to go beyond that date.  You should pursue your request with your employer and, if the local owner or franchisee will not comply, got up the chain of command.  If those efforts fail, you might consider retaining an attorney to write a letter to your employer.  That sometimes ups the ante and gets the response you desire.... Read More

Whom are you looking to protect and from what?  If you add your spouse as a member of the llc, it may protect him, or more precisely make it easier for him to protect himself, in the event of your death or a divorce.  However, in the event of a divorce, or of your spouse's death, you may wish you had not added his name as a member.  Adding his name may also make him subject to claims which could be brought against a member of the LLC.  If your spouse is to have a vote in LLC decisions, that would be good for you if he agrees with you, bad if he doesn't.  In other words, it could be good or bad, depending on the circumstances.... Read More

When someone communicates an untrue statement about you that causes you financial or reputational injury, it's called demfamation.  It can be verbal or written.  It's very difficult to prove defamation that is verbal unless someone overheard what was said. Even if you can prove that the statement was actually made and that it was false, you must also prove that you suffered damages as a result of the statement.  Defamation cases are very difficult to win but not impossible.  For a small amount of money, it is unlikely that it would be economically feasible to pursue such a claim.   ... Read More

I've not had occastion to do this previously but I believe you can file a changes docketing statement and change the owner of your DBA (and by that I believe you mean a registered fictitious name) from you to your LLC.  If you have a federal tax ID for your DBA, you'll need to address that with the IRS as well. ... Read More

I'm not quite sure of the facts here.  Are you saying that you bought a business, and that the business owed a debt on an SBA loan and that loan was not satisfied at the time you bought the business?  Assuming that's the case, the seller can sell the business.  However, there were probably terms in the SBA loan that put the loan into default in the event of such a sale.  If the business assets were pledged as security for the SBA loan, you've taken those assets subject to the lender's lien on the assets.  You should provide all of the sales documents to an attorney who can review them and help you understand what you purchased and any legacy debts/liens that might impact your ownership and use of the business and its assets. ... Read More