Pennsylvania Business Legal Questions

I think you are misstating the question you intend to ask. These issues are confusing and not easily understood, sometimes even by tax professionals. It appears that the question you intend to ask is not whether your sponsor is "exempt" but rather whether your sponsor is entitled to take a tax deduction for a contribution to your organization. The reason this question is germane is that your organization is exempt from having to file a Form 1023 and therefore will not receive a determination letter from the IRS both that it is exempt from taxes AND that contributions to it are deductible. The deductibility of charitable contributions is determined by Section 170 of the Internal Revenue Code of 1986, as amended. In general, the deductibility of the donor's contribution does not depend on whether the donee has filed Form 1032 or received a determination letter. If the donee is organized and operated exclusively for charitable purposes, as a general matter, the contribution will be deductible.... Read More

The United States taxes its citizens on their worldwide income. As a general matter, U.S. citizens who work abroad are required to pay full U.S. taxes on income earned. There are certain, relatively limited, exclusions and credits to which you may be entitled. Your CPA can assist you in availing yourselves of them. FYI, you must declare any interest in hold in foreign bank accounts to the IRS, so there is no legitimate opportunity to retain these funds in secret outside the country without being deemed an evader.... Read More

As a general matter, an employer may fire, or reduce compensation, at will and without prior notice. While there is no particular requirement that an employer advise you of a reduction in compensation, if you and your employer have an understanding regarding your compensation, and your employer doesn't advise you of a reduction, and you continue to render your services, you have the right to assume that your compensation is continuing in accordance with your agreement. Thus, the reduction may be simply an actionable breach of contract. At some point, your acceptance of payment without objection will constitute agreement with your employer's compensation terms. This is not legal advice and you need to consult with your own attorney regarding these kinds of rights and your remedies.... Read More

These kinds of situations are difficult. While false statements that have the effect of injuring you in your business or reputation are sometimes actionable, the statement does not impugn your character without more. Specifically, no reason for the "firing" is given, and it the former client does not state that you were fired for cause or for reasons relating to your incompetence, dishonesty or other misconduct. Because the statement, as you relate it, is ambiguous, a person hearing it could infer that the client ran out of money or lost interest in the relationship just as easily as he or she could infer that you misconducted yourself. This will be a tough case to make stick. You should consult with an attorney and consider having him write a cease-and-desist letter to the former client.... Read More

While it may not be "Illegal" for you to start your own company, regardless of whether you signed a non-compete clause, your former employer may still have claims or causes of action that he could assert against you in a court of law.  I would certainly recommend that you consult with an attorney on the possible concerns and issues that may arise and how you can establish your own company and not take actions which would prompt a civil suit. Regardless of whether you signed an agreement, there are other federal and state laws as well as common law  claims which can afford protection to your former employer.  As I am not privy to the exact nature of the proposed company or the relevant facts and circumstances which would need to be considered, below is just a brief overview of the certain of the issues: 1.  The customers of your former employer could be considered proprietary information or an "asset" of the employer.  Thus, while customers, on their own, can freely decide with whom they would like to do business, the direct solicitation of customers of your former employer could open you up to claim such as tortious interference with contracts - a claim that an employee improperly sought to interfere with a contractual relationship between the company and a client. 2. If you utilize specialized or unique information relating to the company or its product or services, a claim under federal or state trade secret protection laws could be triggered.  Even customer lists, depending on the extent to which the company took measures to monitor and protect the confidentiality of their customer lists, could be considered actionable. 3.  Even the Computer Fraud and Abuse Act can afford civil remedies to employers whose employees seek to gain a competitive advantage through the unauthorized or improper use or theft from proprietary information from a company computer. 4.  There have been claims brought against former employees for "theft of business" opportunities where the former employee diverts an opportunity that he learned of while employed to another or for his own benefit. 5.  A claim for breach of an employee's duty of loyalty, good faith and fair dealing, again depending on  the circumstances, could arise if during the course and scope of your employment, the employer could show that you engaged in certain acts contrary to the employers interest. Again, consultation with legal counsel would be recommended so that an attorney could become acquainted with the relevant information in order to properly advise you on any new proposed venture you are contemplating. Hopefully, the above can provide some initial guidance and a general response to your inquiry. Marla D. Sones  ... Read More

At the outset, this inquiry should be addressed to an attorney who specializes in the area of employment law.  Thus, while this response will provide some preliminary guidance, you should consult with such an attorney who will also be able to address your specific set of circumstances.  Notwithstanding, generally what you have signed can be considered a contractual term which you would be bound by.  More importantly, Pennsylvania is considered an "at will" state which means that employees and employers are free to terminate employment relationships for any reason.  That is not to say this freedom is without limits.  Those limits come into play because there are other state and federal laws which could provide a basis for a wrongful termination claim.  Those laws include laws against discrimination (for age, race, religion etc.), state military leave laws, and whistleblower protection laws.  Again, this is not an all inclusive list and you should consult with an attorney who specializes in employment law who could more properly advise you if you feel that you have been wrongfully discharged. ... Read More

If you are doing bargaining unit work, then, provided it is required by the terms of the collective bargaining agreement, you are required to pay union dues, regardless of the duration of your employment. The "they do not plan to represent me" portion of your question is really just an argument -- in fact, the terms and conditions of the temporary employment you will have are likely the result of prior representation by the union. New employees, however long the duration of their employment, pay for the past bargaining results of the union.... Read More

In Pennsylvania, covenants not to compete generally will be enforced if they are related to some identifiable business interest and are reasonably limited in scope and duration (geographically or otherwise). There are many factors the courts will consider such as the nature of the business, any undue hardship which may ensue from enforcing the agreement, and the parameters of the geographic area included. Although every covenant not to compete is unique as to the nature of the business, product or services, covenants typically run for a certain period of time (such as three or five years) and are limited in geographical area. In the sale of business context, the courts in Pennsylvania generally uphold a covenant not to compete, solicit or disclose as long as the restrictions in the agreement are reasonable in time, scope of business and the distance involved. On a general basis, I hope this provides some guidance. As to the specific circumstances and facts related to your inquiry, I would encourage you to consult with an attorney who can further advise you. No specific legal advice can be provided without a full review of the agreement and an understanding of the factors to be considered.... Read More

Under very old principles of contract law, advertisements are not considered binding offers. Accordingly, a seller does not breach a contract when it fails to accept an order which exceeds its stock. There may be other legal principles that apply, but it will be hard to make something like this stick.... Read More

Read your lease. The duty to make the payments under the lease was yours. The leasing company provides you with the convenience of allowing the payments to be direct-debited from your account, but the fact that the leasing company had expired or inaccurate bank information does not absolve you of the duty to pay. A reasonable businessman in your position would have noticed that the payments were not being made. They have no duty to "make every effort" to contact you. To the contrary, you had every duty to make the payments.... Read More

There is no legal recourse for this action. An employee has no expectation of privacy in the complaints that he or she makes about other employees to the employer. Such complaints become the employer's property to do with as it sees fit. It is reasonable to expect that the employer will confront the offending employee with the complaint and inquire about about the conduct alleged. Seriously, what did you expect the employer to do? Sorry if this seems unsympathetic, but there is no legal right to have all of your professional colleagues be nice.... Read More