Iowa Business Legal Questions

It would seem to me that the check from the insurance company would be made out to all three of you.  If they cashed that check by forging your signature you have a good case for fraud. Check with the insurance company.  If the checkk was made out to you as well, contact the police.... Read More

I admire your optimism, and I hope that your prediction that your business will produce over $200,000 of annual income in a few years comes true.  Whether your business is an S or a C corporation,you can sell it through an asset sale or a stock sale, whichever structure works better.  Often the buyer prefers an asset sale where the corporation has significant obligations, as the new owner doesn;t want to be responsible for those obligations.... Read More

Not per se.  Is there any contract, either individual or union, that mandates equal treatment or some such?  If not, and if the discriminatory compensation wasn't based on some statutorily forbidden factor, such as race, religion, gender, etc., the owner of hte business can generally give bonuses to whomever they want.  If the person giving the bonuses is not the sole owner, he/she may have breached a duty to the other owners by using the business's assets to benefit her own family at the expense of the other owners, but I don't see any duty to the other employees to treat them the same as her family.... Read More

Iowa Workforce Development states on their website: The most important consideration in determining whether you should get paid for “on call” time is how much your personal activities are restricted. The more they are restricted, the more likely it is that you have a right to pay. For example, if you have to wear a beeper, stay sober, and work only occasionally, you probably are not entitled to pay while not working. You must be paid for actual time worked in any case. References http://www.iowaworkforce.org/labor/wage.htm http://www.iowaworkforce.org/labor/wagefaqs.pdf  ... Read More

I'm not sure how it works in Iowa, but in New York and employee generally has no right to sue his/her employer for a fall at work.  The sole remedy (assuming there is no third party who might be responsible, like, for example, the person who installed the carpet or maintains the floors) is through workers' compensation.... Read More

There is a lot of data in your question that is unrelated to "can they say..." As a general rule, an employer may lawfully tell anyone why an employee was fired. If the reason is factually correct, then dissemination of that reason is non-defamatory and perfectly appropriate. If the reason is not factually correct, then telling people may be defamatory. An employer does not need a reason to fire anyone and can generally do so at any time for any reason or no reason at all.... Read More

Generally speaking, absent extraordinary circumstances, PayPal will re-credit the buyer's account as a courtesy of the goods are not received. This result may differ from the strictly legal answer, under which the risk of loss shifts to the buyer once the goods leave the seller's premises by a common carrier.... Read More

You have not alleged any facts setting forth a violation of the operating agreement. A court is not going to substitute its view of what is "fair" for what you agreed upon. You can compel your co-member to provide the financial information promised. If that shows him to have received more than his contractual share, a court can order restitution.... Read More

These kinds of issues are difficult and it is extremely unlikely that you could get judicial relief sooner than the 90 days are up. In this particular case, it seems that the outcome turns on the construction of the word "attended." The correct interpretation of this rule depends on the legislature's purpose in enacting it and the precise wording of the statute or regulation. You cannot rely on a web site for a resolution or the correct interpretation of a statute or regulation. You will need to visit with an attorney who specializes in education law or civil litigation. Again, you should not be optimistic about getting a favorable judicial outcome before the 90 days have expired.  ... Read More

A "DBA" isn't a business form - it is an assumed, or fictitious, name that you personally use. You are free to call yourself whatever you want, generally anywhere. You won't have any protection of your assumed name in any state where it is not registered unless somehow it takes on trademark status. It is not something you "start." You will be able to offer your personal services anywhere because there is no difference between you personally and the DBA.... Read More

It depends on the terms of the agreement you signed, and also depends on the scope of the non-competition agreement. Even though the terms may be "binding," they may not be enforceable if they are not reasonably necessary for the protection of your former employer's goodwill and have the effect of preventing you from earning a livelihood. You should consult an attorney to discuss the specifics of the situation. The foregoing is not to be construed as legal advice.... Read More