James Alfred Meaney’s Answers

James Alfred Meaney

Columbus Franchise Lawyer.

Contributor Level 5
  1. One Franchisor says due to Federal Trade Commission it is illegal to disclose profit of any franchise store at initial stage

    Answered about 1 month ago.

    1. James Alfred Meaney
    2. William Daniel Davis
    3. Mary Michelle Clapp
    4. Eric Carlton Perkins
    5. Kevin Brendan Murphy
    6. ···
    9 lawyer answers

    This is partially correct - franchise systems can choose whether to make an Item 19 Financial Performance Representation in the FDD or not -- if they do the financial info is restricted to what is stated in the FDD and if they do not, they cannot make any statement. Either way, the FTC does limit what can be disclosed. So, unless franchisee "profit" is stated in Item 19, it would be a violation of the FTC Rule to providedthe information separately.

    8 lawyers agreed with this answer

  2. How long has "At will" employment been the law in Ohio?

    Answered 15 days ago.

    1. James Alfred Meaney
    2. Mark Wayne Napier
    3. Joshua Samuel Carlo Parkhurst
    3 lawyer answers

    Essentially forever. It is the exceptions that are of recent vintage - whistle-blower, discrimination protection, etc.

    4 lawyers agreed with this answer

  3. How can I sue a company for wrongful termination and sexual harassment?

    Answered 5 months ago.

    1. David William Neel
    2. Rachel Anne Sabo
    3. James Alfred Meaney
    4. Tara Candela RN
    4 lawyer answers

    Your complaint was an important first step and you should put this in writing to HR. Also the retaliation by the other supervisor is improper - report it to HR in writing.

    4 lawyers agreed with this answer

  4. Can I sue my Atlanta based franchisor in NJ even the franchise agreement says I have to sue them in Atlanta?

    Answered 14 days ago.

    1. David Lawrence Cahn
    2. Neal Jonathan Blaher
    3. Kenneth F. Darrow
    4. James Alfred Meaney
    5. Matthew J. Kreutzer
    6. ···
    9 lawyer answers

    While forum selection clauses are difficult to overcome, you are in one of the BEST states to give it a shot. NJ courts tend to protect NJ-based franchisees more than other states on this score. Many times the outcome is dependent on whether you end up in state court versus federal court. But, you need to find a NJ lawyer who is a member of the American Bar Association's Forum on Franchising - these lawyers stay on top of issues like this.

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Wrongful termination after oral contract.

    Answered 4 months ago.

    1. James Alfred Meaney
    2. David Mullen
    3. Andrew Giles Freda
    3 lawyer answers

    Ohio is an employment at will state - this means you can be fired for no particular reason or for any reason. Unless your termination involved some form of discrimination (racial, disability, age, gender, worker's comp claim) or a whistle-blower situation, you have no claim.

    2 lawyers agreed with this answer

  6. I speak with the aid of a voice computer and my employer ended my job as maintenance supt. without complaint on job perform.

    Answered 5 months ago.

    1. James Alfred Meaney
    2. Lori Ann Strobl
    3. Matthew James Porter Coffman
    4. Rachel Anne Sabo
    5. Randy Jay Harvey
    5 lawyer answers

    Because of your disability, you have certain rights under the Americans With Disabilities Act - you may not be terminated due to your disability if you can perform your job with a "reasonable accommodation" - which it sounds like you have been doing for years. You may want to consult further with an employment lawyer.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  7. Do we qualify for Item 21 Franchise Disclosure phase-in exception after some owners bought out other owners in asset purchase?

    Answered about 2 months ago.

    1. James Alfred Meaney
    2. Kenneth F. Darrow
    3. Janet Spiro Martin
    4. Kevin Brendan Murphy
    4 lawyer answers

    It appears that you have consulted the FTC Compliance Guide - "does not apply to spin-offs, affiliates, or subsidiaries" - the real issue is what is a "spin-off" ? - this is not a defined legal term and the FTC has not defined this term in the FTC Rule. But, I believe your "conversion" could certainly be perceived as a spin-off and would caution against proceeding without all Audited statements. There a lot of great franchise lawyers in Dallas! You should consult one of them. Good luck.

    3 lawyers agreed with this answer

  8. My employer wants to fire and rehire me, which will reset all of my benefits. I was promised in writing this wouldn't happen.

    Answered 14 days ago.

    1. James Alfred Meaney
    2. Blake Owen Brewer
    2 lawyer answers

    If you have this in writing, a contract may have been formed which may be enforceable. A "computer glitch" should not supersede this written contract. Contact an employment lawyer in your area.

    1 lawyer agreed with this answer

  9. What are my rights

    Answered 5 months ago.

    1. James Alfred Meaney
    2. Rachel Anne Sabo
    3. Lori Ann Strobl
    4. Randy Jay Harvey
    4 lawyer answers

    You are entitled to privacy regarding your health issues and if a future termination or reduction in schedule is related to your cancer treatments or condition you are protected by the American with Disabilities Act and perhaps related federal and state laws. These are complicated cases and all facts are important and legal guidance along the way is helpful.

    1 lawyer agreed with this answer

  10. We have a franchise that has not paid their franchise fees or royalties since September 2013. They have breached their territory

    Answered 6 months ago.

    1. James Alfred Meaney
    2. Kevin Brendan Murphy
    3. Matthew Paul Hirschfelt
    4. Neal Jonathan Blaher
    5. Charles Nicholas Internicola
    6. ···
    7 lawyer answers

    Sounds like you need to take immediate action to stop this - injunctive relief is your best strategy at this point.

    1 lawyer agreed with this answer