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Contracts

Noncompetition Agreement

New York

Asked on May 23, 2022

Looking for legal advice on a non-compete agreement in NY State

I am an existing employee of a medium sized privately owed manufacturing company and have worked here for over 15 years. I recently was asked to sign a non-compete and non-disclosure agreement. I have had a series of promotions over the last 7 years but this agreement was presented several months after my latest promotion without any additional consideration for signing this agreement now.

Donya G.

Answered May 24, 2022

Signing a non compete or a non disclosure is not in and of itself illegal. In NY and in most states a non compete are individually accessed based on the language and scope (how long and what the non compete entails) and is generally examined by courts under a watchful eye as long as its not too restrictive or burdensome and would not prevent the free movement of goods and services. In order to advise you on your agreement, I would need to review it to advise you. If you need additional assistance, you may contact me directly on Contracts Counsel to engage my services. All the best. Donya Gordon

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Auto

Lease Contract Agreement

New York

Asked on May 17, 2022

Car Lessee dies

My Dad died early 2021 and he leased a car and the lease end date is in 2 days on May 18th 2022. I’m his son and I was with him at the lease signing in 2019. I basically drove the car for personal use and to drive my Dad to wherever he wanted to go and to his doctor’s appointments. After his death I applied for a lease transfer but was denied. The monthly lease billing statements after that now state my Dad’s name Estate. The car company never told me to return car so I kept making the monthly lease payments. I asked the car company if I can purchase the vehicle and they said I have to be the Executor of my Dad’s Estate. I said to them aren’t you acknowledging that I’m the Executor/Administrator by not telling me to return the vehicle and accepting my payments after my Dad died. There’s no way for me to become Administrator of my Dad’s Estate in time before the lease end date because of the Court case back log. Lawyer friends of mine say it can take months. A couple of weeks before the lease end date I decided to give it a try anyway and filed paperwork to become Administrator if my Dad’s Estate even though he really doesn’t have an Estate. I called the Surrogate Court office and spoke to a clerk about my situation and he said to enter the car lease in the personal property area on the forms. I’m waiting for something in the mail but don’t even know if my paperwork has been looked at yet. I need to become Administrator to purchase the car at the lease end price. If I don’t I can only purchase it by having the dealer purchase at auction and then sell it to me for thousands of dollars more than the lease end price. What can I do?

Jane C.

Answered May 17, 2022

I suggest you speak with an attorney.

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Employment

Employment Agreement

Georgia

Asked on May 16, 2022

What can I do as a Teacher if employer won’t give me my hiring agreement in writing.

I was forced out of GA Pre K program and placed in aPrivate Pre K room as Lead teacher but employer won’t give me any paperwork in regards to pay and position. I’ve been asking since November 2021

Sunnita B.

Answered May 24, 2022

I would inquire with Human Resources. If they don’t assist ask whomever is above them. If that fails, have an attorney submit the request.

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Business

Liquor License

Maine

Asked on May 13, 2022

Need help for a liquor license for a lounge/club

Need a liquor license asap in portland, or around. Maine.

Craig M.

Answered May 17, 2022

It is a multi-step process to obtain a liquor license in Portland, Maine. You must obtain approval from the City, after first obtaining approval from the Code Enforcement Officer, Public Services, Fire, Health Services, Treasury, and Police. You may also need to create an LLC or other business entity, register with the Secretary of State, obtain an EIN, among other things. I can assist at my normal hourly rate of $200, and would require a $5000 legal advance, payable through Contracts Counsel to assist. The fee Contracts Counsel charges is nonrefundable, otherwise, itemized invoicing will be periodically provided, and any unearned fees will be reimbursed to the client at the end of the project.

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Dispute

Demand Letter For Payment

Georgia

Asked on May 13, 2022

I am owed money for office work I did for a business owner that agreed to pay me for my hours, but hasn’t. I have sent a certified letter demanding my owed wages and the owner won’t respond to messages or anything….what should I do?

I was hired as a secretary for a small landscaping and grading company about a year and a half ago. The owner paid me for my hours I worked when I first started, but as a few months past, he fell behind on paying me and told me that he was going to pay me. After a few weeks I had to stop going there because he kept lying telling me he would pay me, but never did. I sent txt msgs and have proof of my wages owed and have sent a certified letter of demand but have not got a response. What are my next steps to file a lien or what to do?

Sunnita B.

Answered May 20, 2022

Hello if you have sent a letter of demand the next step would be to file a small claims suit. However, depending on how much you are owed the suit may not be beneficial. Also, in order to recoup the money you have to go through litigation and win, then you have to figure out ways to get the money you are owed because the courts do not enforce money judgments.

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Business

Articles of Organization

Missouri

Asked on May 13, 2022

how much does it cost to create a real state single member LLC?

I own a duplex that i rent in columbia MO, and i want to create an LLC

Michael V.

Answered May 17, 2022

The state filing fee for an LLC's Articles of Organization is about $105. To draft and prepare an operating agreement would cost ~ $500 depending on who you hire. The cost of advisory services (like taxes) after LLC formation will be a little costlier depending on the complexities of the business and its owner.

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