Kentucky Business Legal Questions

What does the llc's operating agreement provide?  Assuming you have none (it can be oral), or that it is silent on the issue, members of an llc have no inherent right to be employed by it.  Moreover,  again unless the operating agreement provides otherwise, a vote of 2/.3 of the llc's equal members would be sufficient to fire an employee.  However, while you may have no right to work for the llc, you have a right, as a member, to all of the llc's financial information, and, in general terms, to be treated the same as other llc members with regard to distributions - if your son and daughter-in-law work for the llc, they are entitled to reasonable employment compensation and you, who no longer work for the llc, are not; however, you are entitled to comparable membership contributions.  You can sue to get the information, for your share of any distributions paid the other members, and possibly, if the other members have overreached, to dissolve and liquidate the llc.... Read More

That depends on many factors.  Most law schools are three year programs, although some offer expedited programs. 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

That depends on what your agreement says.  If you have no agreement on this subject, he probably can sell his share.  You don't indicate what the structure of the business is (i.e. corporation, llc, limited partnership, sole proprietorship, etc.) or what type of business (gas station, wedding band, website design, etc.), which could conceivably have an affect on the answer to your question.... Read More

The LLC is an independent entity under the law, so the insurance, licenses, accounts should continue. You want to give special attention to the lease which ofter requires the consent of the landlord to a change in ownership. You are very smart to obtain a lawyer to help with the purchase, and should also have a CPA as part of your team.... Read More

Please see: http://www.martindale.com/Results.aspx?ft=1&frm=freesearch&afs=criminal%20defense%20ky or http://www.martindale.com/Results.aspx?ft=1&frm=freesearch&afs=criminal%20defense%20appeals%20ky 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

You acted in accordance with the directions of an agent of the owner of the car, who had apparent authority to give such instructions. In any event, the damages from your actions -- even if they were ultimately determined to be wrongful -- are too small to be worth suing over. Obviously, the issue here is the employee, not your work. You don't need to do anything unless and until you hear from a court or an attorney.... Read More

If the physician never rendered any services to you, you owe him nothing. However, you should be aware that some hospital visits involve the rendition of services by physicians (such as radiologists and pathologists) who never see the patients. Indeed, that's why many of them choose those specialties! You should inquire, if you cannot tell from the bill, whether services were actually rendered to you, even though you never met him. If he did, then you owe him for the fair value of his services. That may be less than the amount invoiced.  ... Read More

The relevant legal question here is whether you knew, or reasonably should have known, that this school was not accredited at the time you were making payments. You do not provide enough information to resolve this situation without that. My guess is that the school made some disclosures to you regarding its accreditation status and you either missed them or chose to ignore them.... Read More

I am a California attorney not licensed to practice law in Kentucky and the following analysis is not legal advice but is based on generally applicable legal principles. As a civil matter there is probably no liability for following instructions about engraving and photographing part numbers. However, as a criminal matter, knowing or suspecting that you are perpetrating a fraud to obtain money for the benefit of your employer may subject you to liability for conspiracy to commit fraud, and since the amounts involved are very large, the potential penalties are significant. There would be no substitute to consulting Kentucky legal counsel as a follow up to this analysis.... Read More

This is a fairly standard first-year torts question in law school. Under a doctrine called "respondeat superior," the employer is liable for the employee's wrongful acts when they are committed in the course and furtherance of employment. The employer's defense in such a case will be that it was not part of the employee's job to punch customers, but that is too simplistic an answer -- part of the employee's job was to resolve issues with customers, and in this case, the employee did so but chose the wrong resolution. ... Read More

Your question is not readily understandable. The lease presumably says what it says, and you agreed to it. Unless you have an "out" for delays occasioned by the tenant's landlord, then the completion of construction determines when rent starts and the magnitude of the tenant's rent concession. Obviously, you should have had the lease reviewed by an attorney before you signed it and made yourself subject to the delays caused by the tenant's architect. Perhaps you should do so now.... Read More