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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 7
Do you have any Texas Business questions page 7 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 222 previously answered Texas Business questions.
Business Law
Texas

Recent Legal Answers

If I am interviewing employees to work in my self-owned small business, is it illegal to ask for marital status/children in my interview?

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
It is lawful to ask just about anything during an interview. The issue is what you do with the information. A legal problem arises because there is presumption, albeit it a rebuttable one, that the principal purpose of gathering such information is to discriminate in a manner prohibited by law. Most states prohibit marital-status discrimination, but Texas is not such a state.... Read More
It is lawful to ask just about anything during an interview. The issue is what you do with the information. A legal problem arises because there is... Read More

I have a small export business agreement with two partners, 2 of us (myself and Steve) brought the finances and the other (Obi) does the work,

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
What's your question?
What's your question?

If a company I interviewed for called my former boss, can my former boss say why I was fired?

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Your former employer may tell prospective employers why you were terminated. As a general matter, such conversations may be subject to a higher degree of protection that otherwise defamatory communications. You should discuss the situation with an attorney.
Your former employer may tell prospective employers why you were terminated. As a general matter, such conversations may be subject to a higher... Read More

My question is a 401K question. I did not see that in the category selection.

Answered 13 years and 9 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
The terms of your employer's 401(k) plan itself determine whether you may have a loan. If the plan says that loans will be provided only in cases of demonstrated hardship, then you must make that showing, and the plan committee (which may be a single person) makes a determination regarding whether your showing is satisfactory. That determination is generally final and non-appealable.... Read More
The terms of your employer's 401(k) plan itself determine whether you may have a loan. If the plan says that loans will be provided only in cases of... Read More

I am President of a Music Booster club, one section uses our letterhead and 501(c)3 and has formed what they call a booster club with a different name

Answered 13 years and 9 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
It is nearly impossible to answer your question from the limited information provided. Nearly all clubs and other organizations have some kind of formal governance arrangements, generally set forth in by-laws or similar organizational instruments. These documents specify the manner of running the organization and who is authorize to resolve issues. You should refer to these documents. Failing that, consult with an attorney.... Read More
It is nearly impossible to answer your question from the limited information provided. Nearly all clubs and other organizations have some kind of... Read More

Its been about a couple months Ive been trying to get paid from work, Ive yet to get any. Ive emailed human resources. He told me he didnt wanna help

Answered 13 years and 9 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Start by complaining to your state's labor department.
Start by complaining to your state's labor department.

what has to be done in order to claim a contest winning number that is out of state?

Answered 13 years and 9 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
This certainly sounds like a scam.
This certainly sounds like a scam.

What type of business entity can be established that has no financial liabilties because of the person who started it?

Answered 13 years and 9 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
There is no practical way for you to have ownership, enjoyment and control of this entity and still have it be "off limits" for the claims of your creditors. You could, in theory, place the business in a so-called "asset protection trust"; but, if you do so, you would have to give up all rights to control, or to sell and receive the benefits of, the business.... Read More
There is no practical way for you to have ownership, enjoyment and control of this entity and still have it be "off limits" for the claims of your... Read More

I am seller of my hOme & I''ve been trying to tell my realtor I want to terminate the sales contract & she''s ignored me. & the buyer now says he wants

Answered 13 years and 9 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
The broker is not a party to the contract of sale. As a general matter, you broker has neither the power nor the duty to terminate a sales contract once you have entered into it; you need to deal with the buyer, and the right to cancel, if any, is determined by the terms of the contract with the buyer. See an attorney and have him review the agreement.... Read More
The broker is not a party to the contract of sale. As a general matter, you broker has neither the power nor the duty to terminate a sales contract... Read More

Can a non disclosure contract have a clause that I agree to not cooperate with law inforcenment? Or would that be an illegal contract?

Answered 13 years and 9 months ago by Michael Charles Doland (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Business
I am licensed in California not Texas but such a provision would be totally unenforceable as a matter of public policy in my state. If you refuse to cooperate with federal investigators you may be cited for obstruction of justice.
I am licensed in California not Texas but such a provision would be totally unenforceable as a matter of public policy in my state. If you refuse to... Read More

A client is refusing to pay invoices in full, stating that they will deduct "costs incurred" in switching to a new IT provider.

Answered 13 years and 9 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Probably not, in both cases. You can sue to recover you unpaid bill.
Probably not, in both cases. You can sue to recover you unpaid bill.

I provided invoices and receipts for a client for items she purchased though the design firm when I not an employee.

Answered 13 years and 9 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Your access to the computer system after your employment terminated was unlawful. The records in question belong to the company and it was entitled to presume them to remain confidential. You have exposure here. See an attorney.
Your access to the computer system after your employment terminated was unlawful. The records in question belong to the company and it was entitled... Read More

I signed an employee non-compete agreement that specifies that I will not perform any services within the protected territory of this company for any

Answered 13 years and 9 months ago by Michael Charles Doland (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Business
Based solely on the facts you provide, and without reviewing the contract itself, your interpretation appears correct.
Based solely on the facts you provide, and without reviewing the contract itself, your interpretation appears correct.

Is an LLC in Texas protected from personal judgments and bank account garnishments for personal judgments?

Answered 13 years and 9 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
It is not clear what you are asking about. If the LLC itself is a debtor, it is not protected from judgments against it, nor is it protected from bank account garnishments of the LLC's own bank account.
It is not clear what you are asking about. If the LLC itself is a debtor, it is not protected from judgments against it, nor is it protected from... Read More

I am going to open a retail store and am trying to decide whether to be a sole proprietor or S-corporation. Does an S-corporation protect a sole owner from casualty and/or finanical liability?

Answered 13 years and 9 months ago by Mr. Richard Alan Alsobrook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
An S-Corp offers limited liability to the owners of the corporation.  This limits the owners loss should a lawsuit be brought or debt go unsatisfied to only the investment, and not the owner's personal assets.   This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More
An S-Corp offers limited liability to the owners of the corporation.  This limits the owners loss should a lawsuit be brought or debt go... Read More

If I dont give my employer permission to take my photograph and put it on his website and he fires me is that Legal? Can I colect unemployment?

Answered 13 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
As a general matter, an employee is employed on an "at will" basis, which means that the employer may fire him at any time for any reason or no reason at all. I provided this answer to you in your previous inquiry about the same subject. If you are fired and make an application for unemployment compensation, your employer will likely contest the claim on the ground that you were insubordinate by withholding your consent.... Read More
As a general matter, an employee is employed on an "at will" basis, which means that the employer may fire him at any time for any reason or no... Read More

My employer is putting my picture on his website without my express permission is that legal? If I refuse can he fire me?

Answered 13 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
As a general matter, no one can use your name, picture, portrait or likeness for commercial purposes (like this) without your consent. If you withhold your consent, your employer may terminate you.
As a general matter, no one can use your name, picture, portrait or likeness for commercial purposes (like this) without your consent. If you... Read More

Is it illegal to mention the range of pay of employees to all the employees? Is it illegal to mention that one employee has the highest paid wage?

Answered 13 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
As a general matter, an employer owes employees no duty to retain compensation information in confidence. Likewise, an employer need not permit the display of a tip jar.
As a general matter, an employer owes employees no duty to retain compensation information in confidence. Likewise, an employer need not permit the... Read More

We had a contract which included certain companies we could not contract and if of those companies funded the deal we did not get paid.

Answered 13 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Your question is both incomplete and not particularly clear. You need to review the entire set of circumstances, including the various writings, with your own attorney.
Your question is both incomplete and not particularly clear. You need to review the entire set of circumstances, including the various writings, with... Read More

I have a retirement plan that I cant touch untill I am 62. I am 41 and need some of it now because I am about to be homeless. I am unemployed.

Answered 13 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Your retirement plan will likely not be the solution to your problem, because these limitations are generally inviolate. You'll need to find work, get help from family or friends, etc. Unfortunately, there aren't any good answers to your question.
Your retirement plan will likely not be the solution to your problem, because these limitations are generally inviolate. You'll need to find work,... Read More

Do I seek a lawyer based on the state where I want to incorporate my online business or the state where we''re domiciled (explanation below)?

Answered 13 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Most of the business and tax questions that relate to an internet start-up business can be answered by an attorney anywhere. The tax questions are essentially the same nationwide, and the wisdom of selection of entity type and place of formation will likely be the same wisdom. As a general matter, you will want to form your business in the state where it will have its principal office, which will be where it does its banking, receives mail, etc. If you form the entity in another state (including "popular" states like Delaware and Nevada, and assuming neither of those states is the "home" state of the business), you will pay franchise taxes to two states -- both your "home" state and the state in which your business is actually formed. There aren't very many good reasons to do that with a private start-up business. If we can help, please feel free to call or email our office.... Read More
Most of the business and tax questions that relate to an internet start-up business can be answered by an attorney anywhere. The tax questions are... Read More

Is there any way to get the Protection from a partners negligence of a llp and the personal asset protection of an llc at the same time?

Answered 13 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
An LLC accomplishes both. However, if you are operating as a legal, medical or similar professional practice, it may not be possible to use the LLC form of entity.
An LLC accomplishes both. However, if you are operating as a legal, medical or similar professional practice, it may not be possible to use the LLC... Read More

I am a Texas teacher who retired from TRS in Jan 1, 2011. At the ritirement office, the clerk who waited one me told me since i had my husband''s

Answered 13 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
It is not clear why you are being refused insurance. Presumably the plan has eligibility requirements and you do not meet them. You'll need to do a better job of explaining the reasons for the denial and what the plan provisions are that entitle you to insist on coverage. See an attorney where you reside and perhaps you can get this resolved.... Read More
It is not clear why you are being refused insurance. Presumably the plan has eligibility requirements and you do not meet them. You'll need to do a... Read More

Do i have a case for discrimination?

Answered 13 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
You do not explain how your termination was related to your membership in a protected ethnic or similar group.
You do not explain how your termination was related to your membership in a protected ethnic or similar group.

if a car company repos my car car and my payment hasnt come due yet what can i do

Answered 13 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
You can sue to recover your car. See an attorney.
You can sue to recover your car. See an attorney.
Business Law
Texas

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