New co promised us we would be hired with same salary/seniority. Also said we would have plenty of work. One week after the sale, almost half the office was laid off due to lack of revenue. If I had been laid off by first company, I would've recei...
You should consult with an employment law attorney. I may not be understanding the statement re: "the owner said it was not his policy,", but if this means that NewCo's owner said, "OldCo's severance package is not MY severance package," then someone would have to go behind the NewCo-OldCo transaction to see what it said about assumed and excluded liabilities and (as mentioned above) determine whether the policy was changed prior to the sale. Obviously, if ANY representation was made to you - whether in writing or orally - that you reasonably relied on to your detriment and the person making it knew or should have known that the representation was materially false, then that could be a problem (i.e., fraud or negligent misrepresentation) for NewCo and/or OldCo. Based on the facts you shared, however,I do not currently see that you made (or failed to make) any decision based on the representations set forth in your question.See question
Under the Early Termination By Tenant section The below option was marked off: "Shall not have the right to terminate this Lease early." Key facts: - Total Rent Due From Tenant over Lease Term: $16,333.14 - The lease End date: March ...
Unfortunately, only a review of your full lease can answer the question of what the possible consequences will be should you abandon the premises in November. With that being said, you are not "terminating the lease" in November. You would be "abandoning the premises" (i.e., the landlord could keep the lease in full force and effect). When you merely abandon the premises, the landlord actually has the option (although not always the most prudent option) of not accepting your offer to surrender the premises, sitting on its hands through March 31, 2015, not re-letting the premises and then pursuing you for the full amount of the rent, plus attorney's fees. The landlord also may re-let for your benefit (i.e., pursue you for any difference/shortfall in the rent received until 3/31/15 and the rent you owed, plus attorney's fees). Again, many landlords accept the surrender without pursuing the foregoing rights (and simply allow the tenant to effect an early termination of the lease, avoiding post-termination rental obligations), but you should know that the landlord could pursue you for the remaining 4 months if the lease (whether in full or the difference in your rental rate and the rent received) if the lease is not "terminated" properly.See question
I bought 6 leather chairs on 10.26.13. Now the leather broke for all 6 chairs ( no customer abuse) the leather was loose. I went to exchange them today with 22 days until my warranty expires and they wont take them back they said they need to send...
Your warranty may contain some language that did not make it into your question above (i.e., what the company's specific obligations are upon you filing/lodging a warranty claim). Many warranties outline what the company's options are (i.e., replace, repair, refurbish). Obviously, you can sue, but if there is warranty language that gives the company the right to repair and/or refurbish, then (based on the facts in your question), it appears the company has not denied your warranty claim yet, meaning your claims may not be ripe (i.e., legally "ready") for filing a suit for breach of warranty. Plus, depending on how detailed the contract is between you and the company, there may be a mandatory arbitration clause, requiring you to arbitrate your warranty claim before (or instead of) filing a lawsuit.See question
Court paperwork received does not mention Trial de Novo, I do not know if there is a difference between that and an appeal. Just wondered if the plaintiff found new evidence, or made up evidence (which was done in the original case), can they now ...
Yes, new evidence may be presented. With regard to the harassing nature of the other party's claims, know that the mere fact that you perceive them as "harassing" will not avail you much under the law with respect to attorney's fees. You must show that the other party is filing the suits (or making certain claims in the suits) FOR THE PURPOSE OF harassing you and/or that the claims are frivolous. Obviously, if these serial suits involve viable, non-frivolous claims against you, then your chances for being awarded attorney's fees may decrease. For clarity, Georgia litigants are protected from "frivolous" suits and claims. When a party files a frivolous suit or makes a frivolous claim or defense in a lawsuit, the other party may seek to recover its attorney's fees related to such frivolous suit, claim or defense. Simply put, "frivolous" means the suit, claim or defense has no basis in law or fact where the asserting party reasonably could believe that a court would accept it.See question
Is there a civil statutue in Georgia that states that they will only be able to recover $500 of the $31,000 or can they recover all of it?
More facts definitely are required for a fully responsive answer to your question, but I know of no reason why recovery would be limited to $500 on a claim alleging damages of approximately $31,000. Should this case proceed to trial, then plaintiff's alleged damages (and possible awarded damages) could exceed the amount contained in the demand letter and, if appropriate, plaintiff could pursue a claim for attorney's fees. I recommend that you speak with an attorney regarding this matter.See question
Partner also defamed my character by accusing me of stealing her money when all money was ours. She called and sent text messages to friends and business associates. I left the business after constantly complaining about her unethical behavior an...
I have to recommend that you consult with a lawyer. There are numerous potential claims here including
1) default on the Note;
3) defamation per se [where the publication she made was so egregious that you would not have to prove damage; it is presumed that you were damaged; and
4) other business torts [if her statements to business associates were intended to keep them from doing business with you].
If your company was, in fact, incorporated, then you also raise alter ego/piercing the corporate veil issues (i.e., where you could claim that she is personally liable to you for whatever the company may owe you, so that her house, her car and her personal assets are on the hook).
Please consult with a lawyer on this before trying to pursue it yourself. Depending on the amount of your equity in the business (and the assets of the business or your former partner's assets), it may be worthwhile for you to retain a lawyer for this.See question
I purchased a used engine at the beginning of October 2013, which had a one year warranty, and had a mechanic to install it. From day one the engine that was installed has been making a lot of noise and a week later my check engine and check oil l...
Your problem is that you will have to establish that the car problems are, more likely than not, due to the used engine that the mechanic installed. Your 1-year warranty likely is expressly limited to the engine, so any collateral issues with your car are likely excluded by the warranty. This is not really a "Lemon Law" issue, but a straight warranty or negligence matter (i.e., lemon law in Georgia is limited to the purchase of new vehicles) and, unfortunately, you will need to do some leg work to pin your car's problems on the used engine or the mechanic's installation of the used engine.
You have nothing to lose by seeing whether a consumer protection lawyer will evaluate your claims. I am going to edit your practice on this question to "Consumer Protection" or something more aligned with your facts to see whether that attracts some input from consumer protection lawyers. I am not a consumer protection lawyer, but I see some significant evidentiary issues for your case should you decide to sue the mechanic (i.e., mileage on the used engine that was installed in your car, condition of collateral components in your car BEFORE installation of the used engine).See question
did not do what she said in her retainer agreement
One option is to contact the State Bar of Georgia if you simply want to lodge a complaint. Here is the link for the Consumer Assistance Program: http://www.gabar.org/committeesprogramssections/programs/consumerassistanceprogram/index.cfm.See question
In November I entered into an oral agreement for services related to digital marketing (Price documented in emails). The agreement had no language related to contract termination. 3 payments totaling 50% of the agreed upon price were paid within 1...
Based on the facts you shared, you have claims worth pursuing in small claims court, but the substance of those emails will be key. Further, if the e-mail communications were between you while you were here in GA and the Illinois provider - and the Illinois provider knew during those communications (a) that you were in GA and/or (b) that services would be provided to you in GA - then there is a chance you could maintain a suit here in GA without being forced to go to Illinois. E-mail communications between a Georgia resident and a non-resident indeed can be the basis for Georgia courts to exercise personal jurisdiction over non-residents. You (or your lawyer) just have to prove it under Georgia's long-arm statute.See question
The creditor and I have reached a settlement agreement. The creditor presented me with a consent order because we reached the agreement after the lawsuit had been filed. I signed the consent order. I'm representing myself and would like the cas...
Courts tend to be reluctant to keep cases on their docket for what you seek (i.e., additional time to pay-off the settlement) even when the creditor does not object. Depending on your financial situation, if you are able to figure out a way to pay-off the settlement amount in full prior to the hearing, then you could ask the creditor to dismiss the case with prejudice without filing the Consent Order.
If the foregoing is not feasible for you, then you may want to have an attorney review the Consent Order that was presented to you, so that you have some additional clarity on the implications of what you signed. For example, consent orders contemplate a dismissal with prejudice (i.e., no judgment or anything else showing up in the debtor's credit file, as the creditor has dismissed the case without any reference to the debtor's liability or the amount the debtor originally owed or eventually paid to the creditor), so a lawyer's review of your agreement may allay your concerns regarding credit file implications.See question