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South Dakota Business Legal Questions

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6 legal questions have been posted about business law by real users in South Dakota. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include business formation, business litigation, and business planning. All topics and other states can be accessed in the dropdowns below.

Should I send a 1099

Answered 5 years ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
You absolutely should send the proper tax form, particularly as I assume that you are going to claim the compansation paid to this employee as an expense.  However, 1099's are for independent contactors, not employees.  Employees receive W2's.
You absolutely should send the proper tax form, particularly as I assume that you are going to claim the compansation paid to this employee as an... Read More

Can a company pay a new hire more then someone with the company already?

Answered 12 years ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
Probably yes.  Unless you have some sort of agreement (could be a collective bargaining agreement, or can arise from an employee manual) with your employer which limits its right to pay its employees whatever it wants (i.e. a contract which provides that employees are supposed to be paid by seniority, or guarantees that you will be paid more than any new hire, or something similar), or unless you believe that you are being discriminated against for a statutorily prohibited reason (gender, race, religion, etc.), an employer can pay a new hire any amount (above minimum wage) it and the new hire agree on.  There is no legal requirement that the employer pay its more experienced employees more.... Read More
Probably yes.  Unless you have some sort of agreement (could be a collective bargaining agreement, or can arise from an employee manual) with... Read More

was recently suspended and not allowed buying at ebay. what is my recourse?

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
None. eBay has the right to refuse service to anyone for any reason or no reason at all. If you have ever been a member of eBay, you are bound by their terms of service. Read them. Your only remedy is an appeal to eBay in accordance with their terms. See http://pages.ebay.com/help/account/suspended-accounts.html.  ... Read More
None. eBay has the right to refuse service to anyone for any reason or no reason at all. If you have ever been a member of eBay, you are bound by... Read More

Is it against the law for someone in my employment to hack into my work email account and use the information against me ?

Answered 13 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
As a general matter, you have no expectation of privacy in business email in a system that is owned by your employer. While your fellow employee may have broken the law by obtaining unlawful access to the account, the injured party is your employer.
As a general matter, you have no expectation of privacy in business email in a system that is owned by your employer. While your fellow employee may... Read More

Am I obligated to pay a 582 dollar emergency room bill if I was not told the costs involved before using the service?

Answered 14 years and 2 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
As a general matter, when services are rendered to you at your request, and there has been no advance discussion of price, you are liable for the reasonable and customary charges for those services. Chances are that, before you were seen, you signed an agreement to be responsible for these charges, even though their dollar amount was not spelled out.... Read More
As a general matter, when services are rendered to you at your request, and there has been no advance discussion of price, you are liable for the... Read More

what are the legal rights of a person seaching for a job and their former employer has told the other businesses that he would not hire them?

Answered 14 years and 5 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
As a general matter, an employer has a right to express its opinion about its current or former employees to a prospective employer who calls for a reference check. Opinion is a form of speech protected by the First Amendment. If the employer makes a factual statement that is false and harmful, it may be actionable -- but not a statement of opinion.... Read More
As a general matter, an employer has a right to express its opinion about its current or former employees to a prospective employer who calls for a... Read More
Business Law
South Dakota

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