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West Virginia Business Legal Questions

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14 legal [2, *]questions have been posted about business law by real users in West Virginia. 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.

Do I have to file for small claim in the other persons state or mine?

Answered 2 years and 7 months ago by Andrew Mark Jaffe (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
no photo
The general rule of law is that a defendent needs to be sued where they reside.
The general rule of law is that a defendent needs to be sued where they reside.

What do I have to do to meet legal requirements?

Answered 7 years and 10 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
Bruce Robins
Entering into a raffle, i.e. buying a chance to possibly win a prize, but losing your money if your raffle isn't chosen, is gambling, and is probably illegal in your state (I am not admitted to practice in West Virginia, but I'm pretty sure nonetheless).  Sometimes states allow raffles for charity, but I would doubt they would allow it when only 20% of the proceeds are being given to charity.  You should check with the State of West Virginia, but unfortunately I don't know what specific agency there would cover it.... Read Answer
Entering into a raffle, i.e. buying a chance to possibly win a prize, but losing your money if your raffle isn't chosen, is gambling, and is probably... Read Answer

What does an apartment complex legally have to do to bar someone from their property?

Answered 11 years and 7 months ago by attorney Bruce Robins   |   1 Answer   |  Legal Topics: Business
Bruce Robins
I'm not familiar with WV law, so it may be different, but I believe that, unless their lease provides otherwise, the landlord can't bar your friends from having guests in the apartment they lease as long as those guests comply with the rules of the complex.  It is not a question of your rights; you have no right to enter onto someone else's private property against their wishes.  It is a question of your friends' rights.... Read Answer
I'm not familiar with WV law, so it may be different, but I believe that, unless their lease provides otherwise, the landlord can't bar your friends... Read Answer

what kind of lawyer do i need to sue a fast food place

Answered 13 years and 4 months ago by Michael Charles Doland (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Business
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You would need a "personal injury" or "products liability" attorney. If you didn't drink the water you did not suffer any legal damages.
You would need a "personal injury" or "products liability" attorney. If you didn't drink the water you did not suffer any legal damages.

almost 2 years ago, my employer hired me to help his mother 2 days a week with household chores, grocery store, etc. the other days of the week, i was

Answered 13 years and 5 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Hilary B. Miller
An employer is under no duty to furnish an employee with a commuting vehicle. Having once furnished the vehicle, the employer is free to discontinue doing so at any time, just as the employer is free to change any of the other terms of employment of an "at will" employee.
An employer is under no duty to furnish an employee with a commuting vehicle. Having once furnished the vehicle, the employer is free to discontinue... Read Answer

I was subcontracted by a contractor who did not disclose this was a prevailing wage job until the job was completed. Do I have any recourse?

Answered 13 years and 7 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Hilary B. Miller
What are your damages?
What are your damages?

I bought a buisness 2 years ago names nutrition for life. When i bought the buisness i changed the name to nutrition for life 2.

Answered 13 years and 9 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Hilary B. Miller
You need to consult with an attorney who practices trademark law. The fact that the parties' two marks, standing alone, are substantially identical does not establish infringement. The attorney would need to understand when your predecessor in the current business began using the mark, what the companies' respective products or services are, whether they compete with one another, etc. If you want to speak about this on a professional basis, please call my office at (203) 399-1320 during business hours.... Read Answer
You need to consult with an attorney who practices trademark law. The fact that the parties' two marks, standing alone, are substantially identical... Read Answer

How do we proceed with a small claim ($1450) against an individual?

Answered 13 years and 10 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Hilary B. Miller
You can sue the seller in small claims, as you suggest. You will need to institute the suit where the seller resides or does business. This may be difficult if he is in a different part of the country from you. It will be difficult or impossible to engage the services of an attorney to pursue a claim of this magnitude on a cost-effective basis.... Read Answer
You can sue the seller in small claims, as you suggest. You will need to institute the suit where the seller resides or does business. This may be... Read Answer

can i sue my daughters landlord ?

Answered 13 years and 11 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Hilary B. Miller
Quite possibly so. Consult an attorney where the premises are located.
Quite possibly so. Consult an attorney where the premises are located.

Is a manager, on probation,who has not been specified terms of engagement, who resigns during probation period entitled to salary ?

Answered 14 years ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Hilary B. Miller
As a general matter, an employee in the United States without an employment contract (and who has not assented to any particular express terms of employment) is employed on an "at will" basis. That means that either party may terminate the employment at any time for any reason or no reason at all. Under such circumstances, the employee is entitled to be paid for time worked prior to discharge or resignation. Under the facts you put forth, you remain entitled to one month's salary. Your state's labor department a lawsuit can be employed to attempt to recover the amounts due.... Read Answer
As a general matter, an employee in the United States without an employment contract (and who has not assented to any particular express terms of... Read Answer

Does the WARN Act apply in the case of a government contract loss.

Answered 14 years and a month ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Hilary B. Miller
The WARN Act applies, if it would otherwise be applicable to the employer. If the employer insists that its employees submit resignations, those resignations are not voluntary and would not normally bar claims for unemployment compensation.
The WARN Act applies, if it would otherwise be applicable to the employer. If the employer insists that its employees submit resignations, those... Read Answer

Will the USPTO refuse my trademark application for likihood of confusion if I have the same name of another company in mine?

Answered 14 years and 2 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Hilary B. Miller
As a general matter, if your mark incorporates the registered mark of another in its entirety and the two marks are for goods of the same class, registration will be refused.
As a general matter, if your mark incorporates the registered mark of another in its entirety and the two marks are for goods of the same class,... Read Answer

Can a company legally fire someone that is under doctors orders not to return to work?

Answered 14 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Hilary B. Miller
The answer to your question is "it depends." You should consult with an attorney who practices plaintiff's employment law where you reside to discuss the totality of the fact pattern, including such facts as the size of the employer, whether your husband has followed the requirements of law to be entitled to leave, etc. The general rule is that, in an absence of an agreement or specific law to the contrary, employees may be fired at will.... Read Answer
The answer to your question is "it depends." You should consult with an attorney who practices plaintiff's employment law where you reside to discuss... Read Answer

Do I have to pay? i own a small business, have an employee who has stolen from me, and used co. credit card for personal use. do i owe her for 28hrs?

Answered 14 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer   |  Legal Topics: Business
Hilary B. Miller
As a general matter, employees must be paid in full for the services they render. In these circumstances, an attorney might advise you to withhold final payment pending her settlement with you of personal expenses fraudulently charged to the business. You should consult with a local attorney regarding this matter.... Read Answer
As a general matter, employees must be paid in full for the services they render. In these circumstances, an attorney might advise you to withhold... Read Answer
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West Virginia

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