Virginia Business Legal Questions

It depends on the parties' agreement. If the members have agreed that they will receive salaries, generally those salaries are dependent on actually performing services. This is so because, in addition to being owners, the members are also employees. In their capacity as employees, they can be fired like any other employee, unless the operating agreement forbids it.... Read More

You should consult with an attorney who practices civil litigation. The pendency of the foreclosure action may be a bar to any other litigation based on "wrongful" foreclosure -- i.e., the foreclosure action may need to terminate in your favor before you can sue. Your attorney can advise you.... Read More

As a general matter, tax-deductible contributions can be made only to organizations that are organized exclusively for charitable purposes. That means that no portion of the earnings of the organization may accrue to any member or stockholder. This is covered by Section 501 of the Internal Revenue Code.... Read More

As a general matter, a deal is a deal. You agreed to reimburse your employer for some kind of service (which you don't specify) in the event that you -- not the bank -- voluntarily terminated your employment after a year. You knew or reasonably should have known that "this service" was valuable and that therefore the repayment might be substantial, even if it's precise value was not disclosed (or even ascertainable) at the commencement of your employment. These kinds of arrangements are extremely common, particularly with relocation packages. They are enforceable in the absence of something more heinous than you have alleged. If in doubt, see an attorney. This forum is not a substitute for the services of your own lawyer.... Read More

It's not possible to answer your question from the facts provided. Your eligibility to receive STD benefits depends on the terms of the plan, which you do not state. As a general matter, "severance" is paid to employees whose employment has already terminated. If STD benefits are available only to "employees" (and not to terminated employees who are receiving severance), you will not be entitled to such benefits. You will need to review your termination agreement and the STD plan.... Read More

It depends on your perspective and the underlying facts and circumstances of the business relationship (including which side has more bargaining leverage).  A landlord will typically expect the guaranty to stay in place for the full term of the lease (and possibly beyond the term to the extent of any liabilities that arise post-termination) because it wants to be protected for the full duration of the contract to maximize its opportunity to enjoy the full benefit of its bargain.  Be wary of personally guaranteeing obligations of another party (such as the party to whom you are selling your business) since you have no control over that risk.  You'd want to avoid the personal guaranty at all in this context, but if its unavoidable, then negotiate as best you can to minimize the term of the guaranty and limit the scope of the guaranty (dollar amount, nature of liabilities), ask your buyer contractually agree to indemnify, defend, and hold you harmless from any liability or expense you incur under such guaranty, and ask for fairly broad inspection rights/rights to information or notification of any problems so that you can reduce the risk of being totally blindsided by a claim or suit seeking to enforce the guaranty.  ... Read More

As a general matter, you do not need a release unless you intend to use the photographs for advertising, trade or commercial purposes. You probably know this already and that is why you are asking about releases. The point is that, if a release is required, the rights to be released are personal to the individuals who are being photographed, and their coach does not control the release of these rights; their parents or legal guardians do.... Read More

Companies respond to complaints, grievances, and internal investigations in different ways, and the policies and procedures may differ depending upon the facts and circumstances.  Are you an employee of the company?  Do you know what the company's policy is regarding reporting employee misconduct (e.g., Code of Conduct, whistleblower policy)?  While preserving the anonymity of the reporting individual is often a component of a company's code of conduct, I am not aware of any state law that requires it, and at some point, the concept of due process would require disclosure of such information to the accused.  If anonymity was a primary concern, then it would be advisable in the future to raise the issue up front when reporting an incident.  At this point, if you are being harassed by the person you reported, then you should consider filing a follow up report in accordance with company policy or pursuing other available legal remedies in court or with local authorities.... Read More

As a general matter, both federal and state law prohibit means of unfair competition. These include making false statements in advertising. If your statement is true, then it is generally permissible to make it. You should be focused on the truth of the statement you plan to make and the evidence that supports it. Being "#1" imports not necessarily that you are the "best" but rather than your volume is the highest. You need to be able to substantiate this claim, if indeed you will make it.... Read More

Generally speaking, buyer of a business will have arranged for the release of a pre-existing tax lien prior to closing of the purchase (often, the lien is required to be paid by the seller contemporaneously with closing from the purchase price). Application by the buyer for a liquor license is generally made contemporaneously with closing also.... Read More

Yes, anyone can sue for anything. The issue in your case is whether you can recover any material amount of money. Generally, whether you can recover money depends on whether you have suffered damages. Damages in this case would include medical costs, lost wages, pain and suffering and similar items. If you are writing this, chances are that your damages are nominal and that a lawsuit would not be productive. If you had died or had been hospitalized, or suffered some long-lasting consequence, you (or your heirs) would have a more meaningful claim.... Read More

It is difficult to answer this question without more details. The answer really depends on what type of entity you had. For example, a partnership is treated very differently from an LLC. The IRS has nothing to do with whether or not your business is recognized in Virginia. The Virginia State Corporation Commission is the regulating entity. I would suggest that you consult counsel, since these matters can get pretty tricky.... Read More

The Obamacare Act amended the Fair Labor Standards Act to require that breast-feeding mothers be provided with a clean and private place in which to express milk. Additionally, several states have adopted similar provisions. The school may be violating these laws by failing to provide these accommodations to your wife.   Michael Caldwell 404-979-3150 ... Read More

Unless you agreed via contract not to use the former salon's name, then I see no problem letting potential customers know who you are and where you used to work.  Your prior employment history is a simple fact that would appear on your resume and, all else equal, I see nothing illegal or actionable about that. Where people can get themselves into trouble is by: (i) publicly making disparaging, untrue comments about former employers...that's a different ballgame altogether; or (ii) illegally copying or using (infringing) a former employer's tradename, logo, or other intellectual property for the purpose of confusing or misleading consumers as to the real source of a product or service.... Read More