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Archive for the ‘Free Joe’ tag

Do I Really Need 501c3 Status? And More Free Legal Advice – Free Joe 1/29/13

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Christa: What is something that someone starting a 501c3 non profit organization should know?

Joe Escalante: Here’s something most people don’t know:
Some nonprofit entities don’t really need to apply for 501(c)(3) status. The process is…

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Written by Carrie Yutzy

January 31st, 2013 at 5:30 am

What Happens When A Business Partner Passes Away? And More Free Legal Q&A – Free Joe 1/25/13

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Todd: I had a LLC created by Legal Zoom. According to Article 7.1, to withdraw from the LLC one of the partners would need the approval of the other members and put their intent in writing. Do I need to file this change with the state or just keep it for our records?

Joe Escalante: This stuff varies by state but it’s safe to say that amending the articles of organization usually…

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Written by Carrie Yutzy

January 29th, 2013 at 5:46 am

What Constitutes Illegal Hiring Practices? And More Legal Q&A – Free Joe 1/22/13

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Philip: Are illegal hiring practices typically associated with racial discrimination and if they aren’t, what are some of the other factors of illegal hiring practices?

LegalZoom: It depends on how regulated the industry is, but in general, it’s illegal to discriminate against potential employees based on race, creed, sex, religion, sexual orientation, age, and…

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Written by Carrie Yutzy

January 24th, 2013 at 5:43 am

If Both Parties Don’t Sign a Contract, Is It Invalid? And More Legal Q&A – Free Joe 1/18/13

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Paul: If a customer signs a contract, and pays the deposit, but a company neglects to sign the contract and provide a signed copy to the customer, can the customer claim the contract is invalid?

Joe Escalante: Did both parties sign the contract? I…

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Written by Carrie Yutzy

January 22nd, 2013 at 5:23 am

Moving Your LLC to Another State And More Free Legal Advice – Free Joe 1/15/13

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Jesse: I own an LLC in NYC. I have no employees. I run my business from home. And currently I have no products or inventory being sold. Basically my business is fully on hold. I want to move my business to Tennessee. I do own a trademark but that’s my only asset, if that is an asset. What’s my best bet in relocating my LLC to another state? Thank you Joe.

Joe Escalante: You should talk to a tax pro immediately. NYC probably has a high minimum tax that you’re going to have to pay if you are doing business there, even if there is no profit or real activity. In Tennessee, my guess is that it will be less. Check with the secretary of state…

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Written by Carrie Yutzy

January 17th, 2013 at 6:18 am

Can My Employer Legally Require Me to Get a Flu Shot? And More Legal Q&A – Free Joe 1/11/13

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Brian: Is it legal for employers to force employees to get flu shots? Just don’t understand how someone can force you into receiving an injection of something no one can with 100% certainty say is safe, especially after the news about the steroid injections that caused so many deaths. Just because they say it is good for us doesn’t mean it is. How can they make and enforce this as policy legally?

Joe Escalante: If you are an “at will” employee not under a Union deal…

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Written by Carrie Yutzy

January 15th, 2013 at 5:39 am

How Do I Get A Customer to Pay a Past Due Invoice? And More Free Legal Advice – Free Joe 1/8/13

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Kelly: I am an owner of a small business in AZ. In October I accepted a check from a business client for $5,100, which was returned NSF. After numerous attempts to contact the client, I sent the check to the county attorneys office to have them help us recover. The client has never responded. I’ve heard this same client is writing bad checks to other local vendors. How can this company remain in business? Is this not fraud? What legal options do I have?

Joe Escalante: This is what small claims court is for. It will cost you less than $100 to file, and…

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Written by Carrie Yutzy

January 10th, 2013 at 4:07 pm

Can I Name My Restaurant or Bar After a Movie? And More Free Legal Advice – Free Joe 12/21/12

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Rob: What are the legal restrictions to opening up a business like a restaurant or bar with the name of a movie or TV show? Say if it’s Goodfellas Pizza, Sopranos Diner or Charlie’s Angels Bar?

Joe Escalante: Great Question. It depends on the name and the effort you make to tie it to the film. If it was called “Chain Reaction” yet you had no pictures of Keanu Reeves and Morgan Freeman anywhere, not even…

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Written by Carrie Yutzy

December 26th, 2012 at 6:34 am

Can I Sue the Police for Negligence? And More Free Legal Q&A – Free Joe 12/18/12

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Kyle: 2 years ago I was hit by a car while riding my motorcycle. The driver of the car never stopped. I called 911 and the dispatcher said help was on the way, 15 minutes later nobody was there. I call the police station directly after that and they said someone will be there soon. I was in the hospital for about 5 hours and again no police show to make a report. My question is; can I take legal action against the police departments, and 911? As far as the driver; they never stopped and I didn’t get a plate number unfortunately.

Joe Escalante: You can, but…

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Written by Carrie Yutzy

December 20th, 2012 at 5:24 am

Employee or Independent Contractor? And More Free Legal Q&A – Free Joe 12/11/12

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Mike: I have a newly formed nonprofit, which brings historical programs to schools and institutions. Our historians get compensated per program they perform, but are only scheduled for days they present (2-3 times per month). Do I define them as employees?

Joe Escalante: You need a good business accountant / tax advisor more than a lawyer for this. Legally…

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Written by Carrie Yutzy

December 13th, 2012 at 5:44 am