Wisconsin Business Legal Questions

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28 legal questions have been posted about business law by real users in Wisconsin. 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.
Wisconsin Business Questions & Legal Answers
Do you have any Wisconsin Business questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 28 previously answered Wisconsin Business questions.

Recent Legal Answers

If I sign an Indemnity Agreement, under what circumstances would I be liable?

Answered 10 years and 7 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
I don 't mean to be flippant, but the answer is under the circumstances set forth in the agreement.  Calling something an indemnity agreement doesn't mean anything.  Your obligations depend on what is written in the agreement.  What does the agreement say?
I don 't mean to be flippant, but the answer is under the circumstances set forth in the agreement.  Calling something an indemnity agreement... Read More

can a non profit sue a treasurer after they resign?

Answered 11 years and 10 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
Sue for what?  If the non-profit had a claim before the resignation, it would still have the claim after the resignation (unless the claim was only to force the person to resign as treasurer, or compel them to do something only the treasurer could do).
Sue for what?  If the non-profit had a claim before the resignation, it would still have the claim after the resignation (unless the claim was... Read More

Can a lawyer write a business plan up for someone??

Answered 12 years and 11 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
Some might say that a CPA is better equiped (and cheaper) than a lawyer to prepare a business plan. There are numerous business plan outlines on the internet. If you keep focused on the money and don't make overly optimistic assumptions, you will be on the right track.
Some might say that a CPA is better equiped (and cheaper) than a lawyer to prepare a business plan. There are numerous business plan outlines on the... Read More

What rights do I have and what can I do?

Answered 13 years and a month ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
As a 50% ower, you do not have control of the business and do not have the right to be consulted, or to approve, business actions. You may have the right under applicable state law to force a so-called "deadlock" dissolution of the business through litigation. A corporate litigation attorney can assist you in this process.... Read More
As a 50% ower, you do not have control of the business and do not have the right to be consulted, or to approve, business actions. You may have the... Read More

Is a bank required to clear all checks wrote before a levy is placed on an account

Answered 13 years and 5 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
In a word, no.
In a word, no.
Generally speaking, benefits under a so-called "qualified" retirement plan must be offered on a non-discriminatory basis. You should discuss the reasons for your non-participation with your employer. If you are dissatisfied with the answers, you may wish to discuss the matter further with an employment attorney. You will need to bring a copy of the relevant documents to your consultation.... Read More
Generally speaking, benefits under a so-called "qualified" retirement plan must be offered on a non-discriminatory basis. You should discuss the... Read More
You misunderstand the duties of a director and the circumstances under which a director may be held liable for the criminal acts of a corporate officer. You and the other innocent directors should consult an attorney. This is different from asking a question anonymously on a computer. Get a lawyer.... Read More
You misunderstand the duties of a director and the circumstances under which a director may be held liable for the criminal acts of a corporate... Read More

Does a Judgment Recovery business need a collection agency license?

Answered 13 years and 6 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
As a general matter, a creditor collecting its own accounts is not a "debt collector" and does not need to be licensed. However, a professional collector who buys defaulted debts in the ordinary course of business is a debt collector for FDCPA purposes and therefore may be deemed to be doing so under state law, although the Wisconsin statute is not a model of clarity. You should engage the services of an attorney to respond to letter.... Read More
As a general matter, a creditor collecting its own accounts is not a "debt collector" and does not need to be licensed. However, a professional... Read More

I was denied unemployment

Answered 13 years and 6 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
You can only receive unemployment compensation if you are eligible for it under the applicable statute. Failure to meet the statutory requirements is absolutely disqualifying. You do not claim that an error was made in the computation of your income. That would be appear to be the end of it.... Read More
You can only receive unemployment compensation if you are eligible for it under the applicable statute. Failure to meet the statutory requirements is... Read More
You are under no duty to provide employment benefits to an employee who is out of comp leave and who has no reasonable prospect of returning to employment. You should discuss this with your regular employment-law attorney.
You are under no duty to provide employment benefits to an employee who is out of comp leave and who has no reasonable prospect of returning to... Read More

How is "undue burden" defined with regard to ADA auxiliary aids?

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
There is a multi-factor fact-based test set forth in the regulations at 28 C.F.R. Section 36.104. It is a "significant difficulty or expense" taking into account the totality of the circumstances. It would be worth your while to Google the section.
There is a multi-factor fact-based test set forth in the regulations at 28 C.F.R. Section 36.104. It is a "significant difficulty or expense" taking... Read More
You can use the software and art on the same terms if they are available to you under the same license. You then license them to others on those terms. The entire purpose of the GPL is to make sure that you do not restrict downstream users from acquiring the same rights that you are employing. You simply include a reference to the GPL in your software and indicate that it applies to both the software and the incorporated art.... Read More
You can use the software and art on the same terms if they are available to you under the same license. You then license them to others on those... Read More
You should consult with a local attorney who practices plaintiff's-side employment law. Good luck.
You should consult with a local attorney who practices plaintiff's-side employment law. Good luck.

How can the Department of Social Services hold a record over 20 years old against you?

Answered 13 years and 8 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
These matters can be addressed with the services of an attorney. You need to consult an attorney now.
These matters can be addressed with the services of an attorney. You need to consult an attorney now.
As a general matter, an employer is under no duty to provide employees with compensated leave of any kind and may refuse all such leave requests.
As a general matter, an employer is under no duty to provide employees with compensated leave of any kind and may refuse all such leave requests.
Generally speaking, you mustprovide discovery to the other side, even in arbitration.
Generally speaking, you mustprovide discovery to the other side, even in arbitration.

I filed bankruptcy in 1998 and this manager at a finance company has charged me for years with 36.99% interest rate for a loan. What are my opisions .

Answered 13 years and 9 months ago by Mr. Richard Alan Alsobrook (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
It depends on if the debt was included in the bankruptcy.  If it was included in the bankruptcy, the finance company is violating a court order.  You should contact a local bankruptcy attorney to review your previous petition and determine what steps to take. 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
It depends on if the debt was included in the bankruptcy.  If it was included in the bankruptcy, the finance company is violating a court order.... Read More
I'm not sure an attorney is likely to be able to assist you. Unfortunately, when you are a minor, moms and dads, not lawyers, tend to make most of the rules. Some of these rules are thoughtless, stupid, venal or just plain mean. This one makes no sense, but it sounds as if mom is going to be the boss.... Read More
I'm not sure an attorney is likely to be able to assist you. Unfortunately, when you are a minor, moms and dads, not lawyers, tend to make most of... Read More
As a general matter, in the American legal system, everyone pays their own legal fees, including successful defendants. There is a cause of action for vexatious litigation which may be pursued in a separate lawsuit after an action terminates in the defendant's favor. In order to prevail, you will need to be able to prove that the plaintiff in the current lawsuit reasonably should have known that its claim was groundless and that it sued you despite such knowledge. That may be a hard showing to make. Good luck with it.... Read More
As a general matter, in the American legal system, everyone pays their own legal fees, including successful defendants. There is a cause of action... Read More
It's not clear. Is this a gratuitous transfer where the transferor will receive no consideration? If so, it will likely be a taxable gift.
It's not clear. Is this a gratuitous transfer where the transferor will receive no consideration? If so, it will likely be a taxable gift.

What should I do with a telemarketing company calling me past 9pm in Wisconsin?

Answered 13 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
File an on-line complaint with the Federal Trade Commission. Immediate results aren't guaranteed but it's the cheapest approach, since cost matters to you.
File an on-line complaint with the Federal Trade Commission. Immediate results aren't guaranteed but it's the cheapest approach, since cost matters... Read More
As a general matter, a self-employed person is not required to carry workers comp insurance. However, an unrelated third party may require you to have such insurance as a condition of doing business with it.
As a general matter, a self-employed person is not required to carry workers comp insurance. However, an unrelated third party may require you to... Read More
Unless discharged by bankruptcy, barred by an applicable statute of limitations, or otherwise voided or set aside, you remain liable for your prior debts even if you start a new business -- regardless of the form of that business. If the new business is a sole proprietorship, the assets of the proprietorship will be subject to the claims of the proprietor's creditors, including creditors who acquired their claims prior to the formation of the proprietorship. There may be ways of making arrangements with the creditors so that they do not seek to attach the assets of your husband's new business. Those kinds of arrangements are best made through an attorney. They will, in any event, depend on the voluntary cooperation of the creditors.... Read More
Unless discharged by bankruptcy, barred by an applicable statute of limitations, or otherwise voided or set aside, you remain liable for your prior... Read More

was lied to

Answered 14 years and 2 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
As a general matter, an employee may be terminated for any reason or no reason at all, and the employer need not supply the real reason (or any reason).
As a general matter, an employee may be terminated for any reason or no reason at all, and the employer need not supply the real reason (or any... Read More

I want to start a anti union organization. What would be best type???

Answered 14 years and 3 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
There are many such organizations in existence already. You would probably best organize this organization as a corporation and then qualify the corporation as a public charity under I.R.S. Section 501(c)(3). You will require the services of an attorney to do so. You will be able to preserve the anonymity of your donors unless they are very large donors.... Read More
There are many such organizations in existence already. You would probably best organize this organization as a corporation and then qualify the... Read More