Pennsylvania Business Legal Questions

These are difficult situations. In other cases, some courts have held such policies to be unenforceable even though the employee assented to a policy, because the policy was not disclosed in detail to the employee. In other cases, since the employee was on notice of the existence of the policy, the employee was deemed to have agreed to the policy. You don't "need" to do anything. If you do nothing, they will either sue you or they won't. If they don't, then you're all set. If they do, then you can hire an attorney to defend you. In the meanwhile, you can continue to insist that you were not on notice of the terms of the policy and shouldn't be bound by it. This is obviously not legal advice.... Read More

You will need to have an attorney review the contract you signed with the dealer. As a general matter, most such contracts will exclude certain kinds of warranties, including warranties of fitness for your particular purpose. An attorney can assist you in determining the existence of a valid claim and can then assist you in pursuing it.... Read More

Lawyers' fees are a regressive tax on estates -- in other words, the larger the estate, the lesser proportionally it should cost to probate the estate. Small estates like this one can be very difficult to probate, particularly if, as you suggest, there are assets that are difficult to obtain control of. For estates of this size, a counsel fee of about 4-6% might be normal. Essentially that means you might,in theory, have "overpaid" by about $30,000. The question is whether this extra amount was reasonably and necessarily spent to obtain control of the grandmother's assets, etc., and whether you used the attorney to do things (like "stuff that had to be cashed in") that you could have done yourself but chose to let him handle. It's not possible to answer those questions from the facts posited.... Read More

There are four key steps to protection: (a) incorporate; (b) limit liability through terms; (c) buy insurance; and (d) don't vet either babysitters or employers. The kind of attorney you need is one who is experienced in business law in general and the law of electronic commerce in particular. We regularly represent online businesses. Please call my office (203) 399-1320 if you would like to engage our services on a professional basis.... Read More

Assuming your business is in fact organized as a partnership, your right to dissolve it without judicial intervention depends on the terms of the partnership agreement. You need to look to the agreement again to determine how the assets and liabilities of the business are divided upon dissolution. Customarily, assets are applied first to repay outstanding debts and liabilities, and anything left over is divided among the partners in proportion to their ownership interests.... Read More

You must contact the credit reporting agency in writing (I recommend doing so by certified mail, return receipt requested), demanding that they correct your record and providing them with the correct facts setting forth that the delinquent accounts are not yours. You should provide the appropriate documentation leaving no doubt that the delinquent accounts belong to another person.  ... Read More

As you suggest, your VP may have some "personal issues" with you. If he does, they are not legally actionable. If you are subjected to an adverse job action because of your age -- which you must prove -- and not because of "personal issues," you may have a remedy. It does not sound as if you have been fired, demoted or reduced in pay. This is not a great case but it may be worth talking to an employment attorney.... Read More

Your right to cover against the cable company is likely limited by the terms of the cable company's filed tariff, which is its legal agreement with the county or municipality where you live. If you are not happy, your remedy is likely to be limited to receiving a refund of your payment and to terminating your service.... Read More

The LLC "contract" to which you refer is called the "operating agreement." It prescribes the circumstances under which any of the members of the LLC may "exit." As a general matter, a member is not permitted to "exit" except under the circumstances set forth in the operating agreement. Your fiance should consult an attorney and have him review the operating agreement and the facts.... Read More

Please consider this some preliminary guidance with respect to your inquiry.  Because the actual documents which you may have signed would need to be reviewed by an attorney and because the actual facts and circumstances which relate to this transaction would need to be considered, it is difficult to give you any definite advice and/or to respond to your inquiry.  You should consult with an attorney and provide all of the relevant information and any documents which relate to the transaction and your understanding of the monies you put down. Notwithstanding the above, if your understanding was in writing and that the monies you put down were not only refundable but that you could cancel at any time, then you are entitled to a refund.  If the loan had actually gone through, you could not cancel unless you repaid the funds loaned.  The money down, may not have been a down payment.  Typically there is no down payment for a loan but other fees such as an application fee etc.which is generally not refundable.  It is not illegal to charge upfront fees such as fees for application, credit checks, appraisals, etc. in association with making a loan.  Again, it would depend on the nature of the transaction, what the documents say (if terms and obligations are in writing, it is the document which would control this situation.) As you can see, there are many variables to be considered and because of the limited information available, it is difficult to fully respond to your inquiry.  Again, it would be my suggestion that you consult with an attorney who can more properly advise you. Marla D. Sones    ... Read More

Unfortunately, the information you provided in your inquiry does not provide what could be all the relevant facts and information.  Thus, I cannot properly advise you except to say that there are various avenues to report possible abuses by your employer.  I would suggest taking your information and documentation and consulting with an employment lawyer who could more properly advise you.    Marla D. Sones... Read More