Texas Business Legal Questions

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222 legal questions have been posted about business law by real users in Texas. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include business formation, business litigation, and business planning. All topics and other states can be accessed in the dropdowns below.
Texas Business Questions & Legal Answers - Page 6
Do you have any Texas Business questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 222 previously answered Texas Business questions.

Recent Legal Answers

money is being taken ou of my check with out my concent

Answered 13 years and 6 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Your question does not disclose what the deduction is. Taxes are permitted. Union dues may be permitted. Garnishments resulting from valid legal proceedings are permitted. You should discuss the factual details with a Texas attorney.
Your question does not disclose what the deduction is. Taxes are permitted. Union dues may be permitted. Garnishments resulting from valid legal... Read More

Do I have to show proof of car insurance to my landlord to get a parking sticker?

Answered 13 years and 6 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
The terms of your lease govern this matter. You do not provide those terms, nor do you provide any information regarding the landlord's right under the lease to change the rules.
The terms of your lease govern this matter. You do not provide those terms, nor do you provide any information regarding the landlord's right under... Read More
If you prepay for goods and do not receive them, your options are pretty limited. You can cajole and threaten, but ultimately you may have to sue and the vendor may not have the money. A better plan is not to prepay, but to buy on credit. If your vendor does not consider you sufficiently creditworthy to ship on open account, then perhaps they will accept a letter of credit from your bank. In any case, you should pay only after receiving the goods.... Read More
If you prepay for goods and do not receive them, your options are pretty limited. You can cajole and threaten, but ultimately you may have to sue and... Read More
As a general matter, you lose your entitlement to participate as an employee in a group health plan once your FMLA leave ends and you fail to return to work. At that juncture, you may elect to continue your health plan coverage under COBRA. If you have an agreement to the contrary with your employer, then it is possible that you could enforce that agreement. You will need to take the agreement to an attorney who can review its terms in detail.... Read More
As a general matter, you lose your entitlement to participate as an employee in a group health plan once your FMLA leave ends and you fail to return... Read More

Can an employer not pay for holiday if work week was not completed due to resignation?

Answered 13 years and 6 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
As a general matter, an employer has no duty to compensate employees for holidays not worked. This means, for example, that the law does not require an employer to give employees compensated time off, including for vacations, public holidays or otherwise. If an employer does pay for holidays, it may generally set the terms and conditions on which it will do so. If you have been paid for the days you actually worked, then your employer has discharged its duty to you.... Read More
As a general matter, an employer has no duty to compensate employees for holidays not worked. This means, for example, that the law does not require... Read More
If you wish to commence a lawsuit against this business -- which is based in the Netherlands -- you may sue them in a court where they have transacted business and where you reside. You should consult with an attorney who practices civil litigation about doing so.
If you wish to commence a lawsuit against this business -- which is based in the Netherlands -- you may sue them in a court where they have... Read More

Is it legal for collection agency to use clerk of court "Order" falsely?

Answered 13 years and 6 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
It is impossible to determine from your inquiry whether the "order" you have received is a forgery. You should check with the court clerk in person. It is a violation of federal law to engage in unfair debt collection practices.
It is impossible to determine from your inquiry whether the "order" you have received is a forgery. You should check with the court clerk in person.... Read More

Am I liable for an accident that occured in a company vehicle.

Answered 13 years and 6 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Of course they can sue you -- you were the negligent driver of the vehicle that destroyed their property. The LLC may or may not also be liable, depending on aspects of state law and whether you were acting in the course and furtherance of your employment when you were driving the car.
Of course they can sue you -- you were the negligent driver of the vehicle that destroyed their property. The LLC may or may not also be liable,... Read More

What can be done when i am victim of a fraud?

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
A person who sells things that aren't is is called a thief. The chances of making any meaningful economic recovery from such a person are extremely poor. You should report this matter to the police.
A person who sells things that aren't is is called a thief. The chances of making any meaningful economic recovery from such a person are extremely... Read More
Yes, investors are typically permitted to obtain access to the books and records of the businesses into which they have invested.  Our firm has extensive experience in this field and practice in your area.  I would encourage you to give us a call.  www.SaundersWalsh.com (214) 919-3555... Read More
Yes, investors are typically permitted to obtain access to the books and records of the businesses into which they have invested.  Our firm has... Read More
There is no "statute of limitations" that affects the letter standing alone, since the letter is not a contract. The legal issue here is that you have, subsequent to the provision of the letter to you, entered into one or more complete contracts with this vendor. Those contracts may or may not incorporate by reference the terms of the 2007 letter, and they may by their terms expressly exclude any terms not incorporated in the subsequent contract. In other words, these post-2007 may provide -- and indeed, customarily would provide -- that all prior bets are off. If you can prove that the post-2007 contracts incorporated by reference the 2007 letter, you win. You may have to sue to prove it. If the vendor can prove that its post-2007 contracts expressly excluded all terms not expressly set forth in those documents, it wins. There may be facts on which you can base your claim which you have not mentioned. Those should be discussed with an attorney.... Read More
There is no "statute of limitations" that affects the letter standing alone, since the letter is not a contract. The legal issue here is that you... Read More

if the payroll of the dept. are exposed by an employee, what recourse is there.

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Unfortunately, there is no legal remedy available for an employee who is affected by the disclosure of his own and others' compensation.
Unfortunately, there is no legal remedy available for an employee who is affected by the disclosure of his own and others' compensation.
Arbitration is a form of dispute resolution that applies when both parties have agreed to use it, rather than go through the courts. It is impossible to have a meaningful discussion of the substance of your dispute without a review of the actual documents in question. It is particularly difficult to understand how the customer's bank, with whom you have no relationship, can threaten you effectively. You need to see an attorney and bring your documentation.... Read More
Arbitration is a form of dispute resolution that applies when both parties have agreed to use it, rather than go through the courts. It is... Read More

i want to sue rac acceptance center . how should i proceed?

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
It's nice that you want to sue, but your inquiry doesn't allege anything that RAC did that was wrong. You are the party that breached the contract. Also, check your contract and see if it contains an arbitration clause -- it almost certainly does; that will limit your ability to sue.
It's nice that you want to sue, but your inquiry doesn't allege anything that RAC did that was wrong. You are the party that breached the... Read More

Can a investor invest in a corporation without actually owning shares, stock, or equity?

Answered 13 years and 7 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
I am not a Texas attorney. Your concept, in the limited way you describe it, is interesting. I absolutely would not institute it without checking with a Texas attorney. Whether what you propose to sell is a "security" or a contractual right, from a legal point of view it s complex.
I am not a Texas attorney. Your concept, in the limited way you describe it, is interesting. I absolutely would not institute it without checking... Read More
It is not possible to evaluate this claim without a review of the paperwork you signed, including the terms of any written notices provided to you by the bank. See an attorney and bring the paperwork.
It is not possible to evaluate this claim without a review of the paperwork you signed, including the terms of any written notices provided to you by... Read More
In a word, no.
In a word, no.

Can i sue my landlord/get out of this lease?.

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Your lease, the terms of which you do not provide, governs your rights. As a general matter, a tenant of commercial premises is solely responsible for obtaining all required government licenses at the tenant's sole expense.
Your lease, the terms of which you do not provide, governs your rights. As a general matter, a tenant of commercial premises is solely responsible... Read More

Sales tax Amnesty

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Amnesty means just that -- you will get a free ride if you pay the taxes due in full. Even without amnesty, there is nothing to stop you from paying the past-due taxes and filing an amended return to show that you have "corrected" your prior filing. This happens all the time. People do not go to jail for $188. Just pay the money.... Read More
Amnesty means just that -- you will get a free ride if you pay the taxes due in full. Even without amnesty, there is nothing to stop you from paying... Read More

Who do I need to call for advice on a fall at work no workmans comp.

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
You start by discussing it with your employer's HR department. The chances of a recovery become worse the longer the matter goes unreported to your employer. Generally, they will process your claim promptly. If your claim has been denied, there are attorneys who handle such matters.
You start by discussing it with your employer's HR department. The chances of a recovery become worse the longer the matter goes unreported to your... Read More

I own a business. Am I responsible for an employee who verbally signs my business up for a web page with yellowpages.com with out my authority?

Answered 13 years and 8 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
If the employee had "apparent authority" then the company could be bound by the agreement if any. Request a copy of the recording, take it to your attorney for analysis.
If the employee had "apparent authority" then the company could be bound by the agreement if any. Request a copy of the recording, take it to your... Read More

Thanks

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
You're welcome.
You're welcome.

Is there a legal age in Texas when having to own a business?

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
The age of contracting, 18.
The age of contracting, 18.
You sue the seller (which will generally be the business entity that owns the store, or, if it is a sole proprietorship, the person who is the owner). You can sue in small claims court. If you win, you will generally be awarded court costs (but not attorneys' fees).
You sue the seller (which will generally be the business entity that owns the store, or, if it is a sole proprietorship, the person who is the... Read More
No, you should not have to pay for shipping of defective merchandize to you. You should be replaced in the economic situation you occupied prior to the shipment.
No, you should not have to pay for shipping of defective merchandize to you. You should be replaced in the economic situation you occupied prior to... Read More