Alaska Business Legal Questions

I am not so sure that bidding on future work before you leave your present company is proper and you could be creating legal liability for yourself. It seems from your question that your present company is aware you are leaving to start your own construction business.  If this is so, discuss this problem with your current employer. If this is not so, don't talk to your present employer and do not bid on competing work until you have left them. You may wish to discuss your situation with a lawyer in more detail.  Many lawyers offer a free phone consultation.... Read More

Who pays the costs depends on what the parties' arbitration agreement provides.  If silent, each side would generally bear its own costs and would share the arbitration fees equally.  I can't predict what the arbitrator will decide, but he/she will render an award deciding the issues, as opposed to a mediator who, as you said, is only empowered to try to facilitate a settlement between the parties.... Read More

First, I don't know what a "native" corporation is, but unless it has different rules than other types of corporations, it has no obligation to pay dividends.  Many corporations don't pay dividends.  The only obligations a corporation might have regarding the payment of dividends would be not to discriminate in the payment of dividends, e.g. not to pay dividends on some shares and not to pay dividends on other shares of the same class.  Nor can it circument this obligation not to discriminate by paying excess compensation (i.e. compensation above the fair market value for services rendered) to some shareholders in the form of salary or other employee compensation. ... Read More

The general rule is that, unless the terms of the offer expressly said otherwise, once you accept the offer it is a binding contract, and they must sell to you at that price.  An exception might be if the posted offer was so ridiculous that any reasonable person would have known that it was a mistake - for example if someone offered to sell a new Porsche for $45.00 when the market price was $45,000.00.  Thus, if you accepted the merchant's offer to purchase goods for $10, and the merchant refused to sell you the goods, you could sue the merchant for any extra amount you had to pay to get those goods.  If you had to pay $15 (not necessarily from that same merchant), you could sue the merchant for $5.... Read More

Generally speaking, if you are merely showing photographs of products that you actually sell, and that you have purchased lawfully, you should not have a problem. You may not use the trademarks of the manufacturers in a way that suggests that these manufacturers endorse your web site or your business (rather than, as is the case, their respective products). You can manage your exposure by including an appropriate disclaimer in a prominent manner at your web site.... Read More

It is not clear to me that the businesses with which you are dealing have any legal duty to provide an interpreter. Under Title III of the ADA -- and assuming that the businesses in question constitute "public accommodations," which is not itself certain -- they must merely provide you with appropriate aids and assistance, not the particular assistance you demand. As I am sure you are only too painfully aware, many small businesses are unaware of the requriements of Title III, and many of them find compliance with these kinds of regulations too burdensome. Indeed, under the ADA, they need not comply with the "assistance" requirements of Title III if doing so would "fundamentally alter" their services. They may have a reasonable argument that sign-assisted driver ed would be a "fundamental alteration" of their services. It might take you years and thousands of dollars to litigate this question to a successful conclusion. To be blunt, the quickest route to the goalpost for you will be to hire your own sign interpreter. If you are unable or unwilling to do so, it may be years before you get relief from the judicial system. You can, if you wish, file a complaint with the Civil Rights Division of the Justice Department. Sometimes, life is just unfair. This may be one such occasion.... Read More

Sorry for the delay in responding to this inquiry. As a general matter, your employer does not have to tolerate behavioral problems in the workplace unless they are due to a "disability." An isolated panic attack brought on by work-related stress will probably not qualify as a "disability." If in doubt, contact an attorney in the geographical area where you are employed.... Read More

The fundamental premise of our system of liability is that you must suffer legally recognized damages -- actual harm -- in order to recover money. You cannot recover to set an example or to benefit someone else. In employment law, generally workers compensation is the employee's sole remedy. ... Read More

As a general matter, your employer may take any steps with respect to your employment, at any time, for any reason or no reason at all. If you had a single "panic attack" that does not constitute a disability, your employer may generally do as it wishes, including terminating your employment.... Read More

Minnesota is an equitable distribution state that recognizes the premarital property of the parties as "separate" from their marital property. As a general proposition, each party retains their respective "separate" property in divorce. There are some exceptions to this rule, but that's the general rule. Consult an attorney to discuss the specifics of your case.... Read More