Ohio Business Legal Questions

There will be other questions you find as you seek to open an e-commerce website.  In my experience, working with a lawyer as you begin will save you a lot of money in the future. I have written a legal quide with questions you should ask an Internet attorney.  I have placed a link here for your convenience:  https://www.avvo.com/legal-guides/ugc/legal-steps-to-opening-a-new-e-commerce-website-app-or-blog You will want to discuss your situation with a laawyer in more detail.  Many lawyers offer a free phone consultation.... Read More

A US citizen can sponsor a foreign national for a fiancée visa provided that the two have met within two years of filing the case. Once she arrives, you must marry within 90 days and then she can file for adjustment of status to get her green card. You should retain counsel to handle all steps from start to finish. Some of us handle these cases on a flat fee basis with no hidden costs. Counsel in any state can represent you.... Read More

If the purchase agreement stated that they would vacate by July 30th, then their failure to do so would be a breach of contract.  They could potentially be liable for costs you suffer as a result of their breach. (hotel, food etc.)  For a definitive answer and how things should proceed you should sit down with an attorney to review your circumstances in detail and advise you.... Read More

Maybe.  The answer depends on a lot of additional facts such as timing, geographic location, services offered, and even terms of the business (e.g. goods offered - butter v. buttercream).  I recommend sitting down with an attorney for a full consultation for a more definitive answer.   Best of luck.... Read More

The short answer is probably yes.  The difficulty in these types of cases comes down to proving the exposure to the fumes caused your illness.  There may be an OSHA violation as well.  For specifics regarding how to proceed etc., I recommend sitting down with an attorney to review your case in detail and advise you. Best of luck.... Read More

Hopefully a formal lawsuit is unnecessary.  If the equipment does not belong to him, then he cannot legally sell it.  Has he refused to return the items?  You may be able to sign a contract with him where you would get X amount from the sale of the business in exchange for the business keeping the equipment.  If he is refusing to cooperate or return the items you can always threaten an action under Ohio's civil theft statute. (O.R.C. 2307.61)  The threat of punitive damages (triple the value of the property) often times leads to an early resolution when the facts are undisputed. Best of luck.... Read More

Yes.  A waiver, particualrly a form waiver which is not negotiated and in connection with which the customer had no opportunity to negotiate, can only go so far.  As a general rule (not sure if Ohio is exactly the same) you can waive claims for negligence, but not for recklessness and certainly not for intentional acts.  In other words, if the mats are so slippery form recent sweat that someone slips and falls on them, the waiver may bar a claim.  If you get angry and intentionally knock someone through a wall, it will not. There are obviously a lot of areas in the middle where the outcome is not certain.... Read More

The short answer is yes, your business can operate in areas and types of business outside your company's stated business purpose. The longer answer is that this is generally known as the doctrine of ultra vires. An action by a corporation is considered ultra vires when it is outside the authority of the corporation. Thus, in jurisdictions that have adopted the ultra vires standard, any of these actions by a corporation are not binding, since a corporation cannot do more than it is authorized to do. Generally the ultra vires doctrine is a defense to an obligation owed by someone to a corporation.  However, Ohio explicitly excludes the ultra vires doctrine through R.C. 1701.13(H). This provision does not allow for any company to use the ultra vires, or outside of the stated business purpose, defense to void a contract or other obligation owed to your corporation.... Read More

You should consult a business attorney. The answer to your question depends on the facts, including what agreements were entered into between you and your partner prior to the formation of the LLP and after. The short answer is that exiting the LLP can happen, the longer answer is that exiting may or may not be in your interest depending on other factors you may not have considered yet.... Read More

An LLC and a C-corp offer different benefits to the owners of the entity. You should consult a business attorney, if only briefly, to review your personal and business goals, tax strategies, business size, number of investors, and other information. That discussion will help the attorney to assist you in deciding which entity type is right for you and your business.... Read More

Absent a contract limiting an employer's right to fire an employee, the employee can be fired for any reason not prohibited by statute (e.g. race, religion, gender, etc.)  The first amendment only applies to government action, not the action of a private employer.  Some jurisdicitons have statutes limiting an employer's right to fire someone over political speech, but I doubt very much that Ohio has a statute prohibiting firing someone for tarnishing its reputation by directing obscenities towards a child.... Read More

Short Answer - No. First, it is commendable that you are rasing funds for a local non-profit. This can be a very easy event for you, as you can and should enlist the help of the non-profit that you are going to benefit. They will in all likelihood jump at the opportunity to assist in rasing funds. As to the t-shirts, you could always get them made and sell them for a nominal cost at the event (maybe raising more money). Hope this helps.   Nick ... Read More

You didn't say whether your contract with the welding company was verbal or written.  In Ohio there are two different statutes of limitation for matters like this: Verbal Contracts (6 years) and  Written Contracts (8 years)--one of the reasons that there is a statute of limitations is that people forget or lose records after a time.  Whichever period is applicable would start with the date that the work was performed or the date that the payment was actually due, if either of you could prove that.  The problem with no records is that you can't prove much, unless they hand you the proof, such as the invoice that says when payment was due or the work was performed or you have a really good, reliable memory about when the work was performed such as their work was tied to a specific event or contract that you fulfilled that can prove that date.  Of course if there is lawsuit you will have to prove that and spend money on a lawyer to help you protect yourself. The fact that you made a payment on what is apparently a different agreement shouldn't extend the limitation period, but be careful, making any payment on this invoice could extend their right to make a claim/file a lawsuit even after the original period has expired.  If you want to pay them something to make them go away--sometimes it is less expensive to give them a nominal payment than fight a battle in court, even if you win--be sure that you only do so with a written, signed settlement agreement or you use a Paid-in-Full check using that statute. My recommendation is that if you do anything, you hire a lawer first to at least give you some guidance.  Even talking with (any paying) a lawyer who understands these issues for an hour can be less expensive than doing it yourself as cases like this can be very fact specific and the other side will often have/remember different "facts" than you remember.  That is often what court cases are all about and why they call judges and juries "triers of fact." Here is a Statute of Limitations Chart that may be helpful.... Read More

I assume that you have a judgment or a contract allowing for a lien (else how could you have placed a lien on a customer's property which was not in  your possession.)  If you don't have a judgment, you have to sue and obtain one.  Assuming you have recorded the lien to put purchasers on notice (in many jurisdictions, a judgment is automatically recorded as a lien against the judgment debtor's real property in that jurisdiction), it is still valid despite the sale and you can foreclose on it.... Read More

While you haven't given us all of the details and haven't shared the settlement agreement (I assume that it was in writing), the Court should still have jurisdiction over your case.   You say that the defendant bought material from you, I am not sure whether you are a company or an individual.  If you are a company, according to the Ohio Supreme Court, you must have a lawyer represent you, otherwise you are practiceing law without a license and the Court should not hear you.  If you are an individual, you can represent yourself.  So, either you or your attorney should, depending on your settlement agreement, file a Motion to Enforce the Settlement in the same court with the same case number.  There may or may not be a filing fee, depending on the court, but there will likely not be a full, new case filing fee.... Read More

Assuming that Ohio law is similar to New York's in this area, an employee is allowed to begin preparations for competing with his/her current employer as long as the employee does so on his/her own time, without using the employer's resources, and continues to use his/her best efforts on his current employer's behalf until and unless he/she leaves its employ.  You didn't ask this, but if you have any written agreement with your employer, you should check to make sure that it doesn't provide that any inventions that you come up with while in its employ belong to it.... Read More

I assume that this is a joke, but in case you're on the level, you can't enforce or sue for the breach of an illegal contract.  If you pay your dealer in advance to sell you a kilo of heroin, and he breaches the contract, you're out of luck.  Plagiarism may or may not be a crime in your jurisdiction, but it is certainly against the rules of your school. That being said, you may be able to make trouble for this website by reporting it to your schoold and other authorities, but you will be implicating yourself as a plagiarist as well.... Read More

While I would need more facts to fully answer you question, if it is a debt for say a credit card, no they cannot put you in jail for that.  It actually may be against the law (Fair Debt Collection Practices Act) for them to claim you can be arrested for failing to pay a debt. Here is some additonal information for you to review: http://www.collectioncenter.com/info_center_links/fdcpa_paper.pdf http://www.ohioattorneygeneral.gov/FAQ/Debt-collection-FAQs   For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com... Read More

After reviewing the following website http://business.ohio.gov/licensing/#W it does not appear you need to be licensed in Ohio to operate a web design business.   However, having a license and being incorporated are two different things.  Being incorporated can help protect your personal assets in the event you are sued as a result of your business. For more information visit us at www.Sylkatis-Law.com & www.LorainDivorceAttorney.com  ... Read More