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blarzgh posted:Plus, different states have different laws relating to non-competes - your state may not even permit enforcement of non-competes against subcontractors and the first covenant was void anyways. Then again, maybe it does, and it wasn't. Thanks much for the detailed reply!
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May 14, 2014 19:43
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Is it illegal to accuse someone of a crime in writing without providing proof? What about if you ask for money? Eg. if Bob feels that Joe committed a minor offense against him (say, logging into Bob's email account without Bob's permission) but Bob and his lawyers haven't done any sort of investigating to have proof to back up this claim, and at Bob's request his lawyers send a threatening letter to Joe saying "You logged into my email account, give me $1000 or else," is that kosher?
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May 8, 2015 23:13
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I'm a freelance web developer living in VA. I developed a simple intranet-ish site for a restaurant group that allows their managers to upload operational information to a central location (eg. daily sales figures, repair requests, etc). I'm working primarily with their personnel director. While I was working on it, I noticed they were using it to track extremely sensitive information about their employees like bank account numbers and SSNs. I sent the personnel director and a SVP level person a big ol' email saying that the system I created for them was not designed for that sort of thing and the information they were storing was dangerously accessible. I used phrases like "putting your employees information massively at risk," and made it abundantly clear that they should not be doing what they're doing and that the system I was creating was not and would never be capable of protecting that sort of information. They replied with, "oh, okay we won't use it for that kind of stuff anymore, thanks." That was about a month and a half ago. I checked back today, and of course they're still using it in exactly the same way. While I don't want anyone's personal information to get hacked, my main concern is not being liable if and when they do get hacked. Worst case scenario, assuming they got hacked and decided to sue me, is that email enough that I could fight it in court? I'm also in contact with the business owners and could email them if I wanted. I don't know exactly when I'll have communicated enough vs. too much here. e: Also, when I sent that email the personnel director replied saying he understood, would purge all the sensitive data from the site, and wanted to continue moving forward with the project. He has not done so. kedo fucked around with this message at 19:18 on Dec 8, 2015 |
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Dec 8, 2015 19:14
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Horrible Smutbeast posted:Even if it was "fair use" they still can't use your image or likeness even if it should be covered. It's why half the news reports that use footage of people walking on the sidewalk crop their heads out or blur it out. You have to consent to that, and if you didn't they shouldn't be using it. This is not entirely accurate. If you're in a public place you can photograph or film anything that's in "plain view." You very much can take pictures or video of people's faces as they walk down a sidewalk and you don't need to get the person's consent to do so. However with video you can sometimes run into a tricky situation if you're also recording sound and you're in a state where mutual consent is required in order for a conversation to be recorded. https://aclufl.org/resources/know-your-rights-guide-to-public-photography/ What you're talking about is misappropriation – you can't use a person's name or likeness for commercial purposes without their consent. So in your example, if a news team films people walking down a street while delivering the news (free press and all that jazz) they're in the clear. But if Coke films people walking down the street and then uses that film in an advertisement to sell Coke and doesn't have the consent of the people they filmed, then they're in trouble. People and organizations often ask folks to sign consent forms not because they legally have to, but because it's cheaper to have someone sign a form than it is to fight a potential groundless lawsuit. e: Not that much of this matters for this particular case – this sounds like misappropriation for sure unless it's a political ad or something. e2: Also IANAL and this is all stuff that I half remember from a photography class I took years ago and had to Google to refresh my memory, so take what I say with a huge grain of salt. kedo fucked around with this message at 01:12 on Dec 20, 2015 |
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Dec 19, 2015 23:18
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retpocileh posted:I get the obvious suspicion with an S corp is that something weird with pay is due to our desire to pay ourselves primarily out of dividends and avoid payroll taxes, but we don't plan to pay ourselves more than 20% of our income this year in dividends. We've been told up to 60/40 payroll/dividends is generally acceptable. This is really a question for an accountant, not a lawyer. Sounds like you're doing things that would make the IRS interested in looking deeper into your affairs.
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Jan 21, 2016 19:40
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Not sure if this is the right thread... if not let me know. What recourse does a person have to stop a collection agency from pestering them about a debt they don't owe? Say for example that John Doe from Amalgamated Widget Co. owes Client some money. The collection agency somehow decides (who knows how) that Frank Smith from Associated Widget Co. is the right person to collect from, even though he has the wrong name and perviously worked for a company with a different (albeit similar) name. Should Frank get a lawyer involved to get the collection agency off his back, or can he just ignore the debt collector since it's obvious they have the wrong person? Is there any sort of governmental agency that deals with this sort of thing if things get nasty?
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May 19, 2016 21:46
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EwokEntourage posted:Have you told the callers they are talking to the wrong person? Do they identify themselves as debt collectors, or that it is a call in relation to collecting a debt? Yes to both questions. When I told them they had the wrong person and the wrong company they immediately started going down the Jerk Debt Collector rabbit hole ("What are you, some sort of low life who doesn't pay your bills?" "Just because you don't work at [wrong company] anymore, you think you don't owe any money?" "Oh sure, like there's more than one Amalgamated Widget Co. in the world!") etc. Lots of BS and intimidation. In addition to the call they also sent me an email with an invoice and a letter demanding payment. Amusingly, the invoice lists the person's name as John Doe, but the the email they sent me was addressed to Frank-John, like they think I have an alter ego or something. EwokEntourage posted:Is the debt consumer related (i.e., not business debt)? If you know No, it's a business debt. Amalgamated Widget Co. owes someone money, but John Doe's name is on the invoice. I am not John Doe, nor have I worked for Amalgamated Widget Co. so  EwokEntourage posted:Are they calling your home phone, cell, work? Personal cell phone, but work email. It's a small enough industry and my work email is posted lots of places so it would be easy to find. Not sure how they got my cell number. kedo fucked around with this message at 23:24 on May 19, 2016 |
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May 19, 2016 23:21
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I thought that initially, but I googled the collection agency and they appear to be legit (albeit with several BBB complaints), and the companies and people involved are all real enough as well. It seems like they just confused my old employer with the actual company that owes the debt, and for some reason I was the person they contacted.
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May 20, 2016 00:10
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If a company files for chapter 11 are they absolved from paying new/outstanding invoices to sub-contractors? I'm a freelancer and a company I do work with filed for bankruptcy at the beginning of June. I have a couple of projects that are currently in progress and the folks I work with are acting like it's business as usual, I only know they filed because a friend of mine who works there told me. I have an outstanding invoice and another one that'll be sent out in a few weeks, but now I'm wondering if I should spend any more time working for them. I've been reading about chapter 11 trying to figure this out, but I'm a little lost. 
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Jun 14, 2016 03:49
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Ur Getting Fatter posted:I think the bigger question is do you want to go through the trouble of trying to collect from a company that's files for bankruptcy? This is more or less what I've been thinking, thanks for your input. blarzgh posted:Chapter 11 is reorganization, with debt payoff plan; Chapter 7 is what we think of as liquidation. Also if you're performing certain kinds of subcontractor services, you may have a lien against the real estate. Also, just because one of your friends says they filed bankruptcy doesn't necessarily mean the entity who hired you is the same one, or that they are actually filing. Even if they did, its not guaranteed that they actually filed Chapter 11 vs. 7. I looked it up, they're definitely filing for bankruptcy and it's definitely chapter 11. There are a few different legal service websites that confirm it. I'm a freelance web developer and the company in question is an advertising firm, so I don't imagine real estate will be involved? My contract with them is project based and was signed way before they filed for bankruptcy, but the work is ongoing and the project should be wrapping up in the next few weeks (assuming I continue working on it). I already received a few checks from them for the project, but the final chunk is contingent upon delivery of the final bits and pieces. Ultimately I'm probably going to end up talking to them about it, but I'm just curious how the laws around chapter 11 work.
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Jun 14, 2016 14:27
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xxEightxx posted:With your work nearing completion I would get the money you can and see if you can get paid in advance in full or partially prior to delivery of anything in the future. This sounds like my best bet. That's going to be a fun phone call. Thanks very much for all the information folks!
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Jun 14, 2016 15:37
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I remember reading some articles awhile ago about how legal marijuana dispensaries in CO and WA were having problems storing their money. If I recall correctly, there were (are?) federal laws that prevented banks from working with them. This got me wondering, are there any laws surrounding other types of companies that work with marijuana businesses? For example, if a power company is incorporated in a state where marijuana is illegal and knowingly sells power to Big Jim's Marijuana Emporium in a state where it is legal, would the power company be at risk legally? Or if the marijuana business contracted a printer from another state to produce some coupons or something, would the printer then somehow be supporting illegal drug sales as far as their state is concerned?
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Jun 21, 2016 19:56
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Location is Washington, DC. I was using my pocket knife to open a package on the side of the road in a neighborhood, then set it down and forgot it. I realized I misplaced it about an hour later, went back to look for it and it was gone. I assume someone picked it up and took it. My question is, should I report the knife missing to the police? It was a pretty basic pocket knife and wasn't illegal to carry by any means, but since it could feasibly be used as a weapon (I mean, it is a knife after all), I'm wondering if it would be smart to get it on file that it's no longer in my possession?
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Mar 26, 2017 23:03
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Wow, ya'll apparently don't get much entertainment in this thread.
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Mar 27, 2017 02:01
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I'm in the process of writing my will based on a boilerplate I found online for my state. If I'm trying to leave the money in a bank account to a relative, how much information about the account do I need to include? Would the name of the bank and the last four digits of the account number be good enough?
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Sep 21, 2018 16:43
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euphronius posted:Come on, man. Huh? blarzgh posted:- Do you have relatives who would fight over the money? Gotcha. I'm mainly using a boilerplate on the advice from my parents whose lawyer apparently suggested they didn't need him to write their wills and that a boilerplate would do. Thanks!
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Sep 21, 2018 16:49
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Not that I have any intention of doing this, but would it be legal to use a pellet/bb gun to shoot pigeons or squirrels to eat in my suburban backyard? My dad is old as dirt and has lots of stories of hunting both as a kid when his family had no money. I’m curious if that sort of thing is still acceptable or legal, generally speaking, not in any one city/state jurisdiction.
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Dec 22, 2018 16:25
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Thanks legal goons! Now I’m off to GWS to find a good recipe for Garbage Squab.
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Dec 23, 2018 23:44
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If I live in a state that doesn't allow businesses to pass credit card processing fees on to me as a customer, but I'm buying something online from a retailer in another state that does allow fees to be passed on to the customer, which laws are applicable?
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Jul 26, 2019 21:42
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Kimsemus posted:Within the US, typically the law of the state that the company you are buying from is applied (the place they are incorporated or the place they are based). Belated thanks! I appreciate it. 
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Jul 29, 2019 19:17
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I've had to review a fair number of terms of service agreements on sites recently, and I have a question about what seems like paradoxical language and actions. I've found that basically every single one includes some sort of clause that says something along the lines of, "bots and content scrapers are not allowed" (with sometimes the addition of, "unless express permission has been provided") – in a world where literally every search engine works by constantly running bots that scrape pages, is this enforceable and is it something that's ever actually litigated? Like, if a website specifically allows bots on their site by setting a robots tag in their header, but their TOS they say, "no bots!" aren't the two of these in conflict? Or is the fact that the robots header is included on a page a version of the company in question giving bots "express permission?"
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May 16, 2022 03:13
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Thanks folks, I suppose that's what I expected, but now I feel even worse about spending any of my time reading TOS agreements. Alas.
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May 16, 2022 19:00
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Hi, I'm in VA and my wife's car (a Subaru) was just towed. She was definitely parked somewhere she shouldn't have been (in a private lot), but they towed it with a normal ol' tow truck instead of a flatbed, and Subarus are apparently only supposed to be towed on flatbeds as their AWD can get all mucked up if they are towed with two wheels on the ground. She has warning lights going off all over her dash now and we're taking it in to get it serviced to see what the damage is. My question is this: are tow companies liable for damaging a car while towing it? e: I found this law which, if I'm understanding it correctly, sounds like they can be liable? kedo fucked around with this message at 16:02 on Apr 17, 2024 |
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Apr 17, 2024 15:58
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