Louisiana Business Legal Questions

Do you have any contract which limits your employer's right to terminate you?  This can be found in your own contract, a union contract, or sometimes an employee handbook.  Do you believe that you are being discriminated against for a statutorily prohibited reason (i.e. race, gender, religion, etc.?)  If not,  your employer can fire you at any time for any reason, including refusing to accept a pay cut.... Read More

It is possible for an asset to be considered personal for some purposes (e.g. in a divorce) and not for other purposes (a financial aid application.)  In this case, however, I think you will have a personal asset for all purposes.  Right now you own real property worth $X.  If you form an LLC to own the land, you will own an LLC worth $X.  Either way, you own more than $3,000 in assets.... Read More

While this is not my area of expertise, I can't see any reason why anyone would search an address for a UCC filing.  The lien runs against personal property - copiers, inventory, office furniture, etc. - which could be at any address.  Liens against real property - mortgage liens, mechanic's liens, judgment liens, etc. - would be listed under an address, but these are not UCC liens, and are not searched during a basic UCC lien search.... Read More

Yes, assuming no other problems with it.  They made an offer.  By changing the terms and sending the contract back, you made a counteroffer.  By signing after the changes, they accepted your counteroffer.  I hope that you have proof that you made the changes before they signed.... Read More

It maybe necessary to have an EIN number to obtain incorporation in your state.  You should contact your state secretary of state to inquire what information is necessary to incorporate. 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

The applicable Louisiana law applies only to cars that have been deemed "totalled" by an insurance company; it does not preclude the sale of water-damaged cars by dealers. You should read the terms of the express warranty you received from the dealer. If that warranty was breached, you can pursue a claim in court.... Read More

It sounds as if the overlandlord is evicting the sandwich tenant (your lessor). The termination of your lessor's lease will mean that your right to occupancy will cease. You should consult with an attorney concerning your rights in these circumstances. He will need to review the papers you have received in detail.... Read More

Your husband's employment may lawfully be terminated when he is ill. He may be entitled to continue his medical insurance following termination of his employment under a provision of the Internal Revenue Code known as COBRA. You should investigate whether he is eligible to make a COBRA election. Call the employer's personnel office.... Read More

You'll need to consult with an attorney who practices business litigation. While this forum is a good place for general information, this is a matter with respect to which you will require individual representation. It is not the case that one member of an LLC may run off with the assets of the business to the exclusion of the other.... Read More

As a general matter, employment is on an "at will" basis. That means that your employer may terminate your employment at any time for any reason, or for no reason at all. While this principle is subject to certain limitations (i.e., discriminatory discharge based on race, religion, national origin, etc.), no law prohibits an employer from demanding evidence that a suspected employee was not responsible for violations of company policy and threatening discharge if the documents are not provided.... Read More

A LLC owner has the right to either buy-out the other owner's percentage of the company, or to try and sell his/her interest in the company to the highest bidder.  If the operating agreement has language stating that a member has a first-right-of-refusal to purchase another member's shares, the non-selling member may make an offer for the shares of the company up for sale, and may match any offer made by another person or company. A LLC may also dissolve if the members vote to dissolve.  This would entitle each member a share of any profits, by ownership percentage, after all creditors are paid. For more information visit my website at www.alsobrooklaw.com. 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 would first have to speak to the owner of the business and request your name to be taken off the sign. If you have exhausted those options you may file a law suit under privacy laws, specifically under the tort of appropriation. Appropriation is the unauthorized use of one's name or likeness for defendant's commercial advantage. The public must know that use is identifying you specifically, but this requirement is met if the business is using your name. If you have exhausted your other options and feel this is the next step, you should consult local counsel to determine proper filing procedures.... Read More