Alexander Patton Montgomery’s Answers

Alexander Patton Montgomery

Cincinnati Intellectual Property Law Attorney.

Contributor Level 8
  1. Do I need a lawyer to create an employment contract, or is there a way to do it on my own?

    Answered about 1 year ago.

    1. Christopher Lee Beck
    2. Rixon Charles Rafter III
    3. Alexander Patton Montgomery
    4. Rachel Anne Sabo
    4 lawyer answers

    I have to agree with Mr. Beck and Mr. Rafter. There are too many individualized considerations that may not be and probably are not covered by a simple template. The drafter of the template probably hasn't accounted for every situation that may affect your business. For example, what if your artists and designers are actually considered independent contractors and your contract does not have a work-for-hire provision? Your company may not even own the work those workers create and could be...

    2 lawyers agreed with this answer

  2. I quit my job without notice and my company reduced my pay for the hours I already worked. Is that legal?

    Answered over 1 year ago.

    1. Alexander Patton Montgomery
    1 lawyer answer

    In short, no it's not legal. In general, if you were an at-will employee, you are free to quit at any time and are entitled to the wages and benefits you already earned at the agreed upon rate. Therefore, absent some employment contract, a prior notice that your wages were going to be reduced, or some faithless conduct on your part, you should be entitled to the full amount of wages that you earned prior to the time you quit. Of course, the specific facts need to be considered and various...

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  3. Ex wife slandering my name and making false statements about me on Facebook.

    Answered over 1 year ago.

    1. Alexander Patton Montgomery
    2. Christian K. Lassen II
    3. Peter Stephen Kirner
    3 lawyer answers

    It is possible that you have a claim for defamation. In Ohio, defamation is a false statement of fact that is published by another and proximately causes harm to one's reputation. The difficulty here is showing damages. In other words, you must show how the statements have harmed your reputation. However, if one of the statements suggested you worked drunk and therefore had a tendency injure your reputation in your trade, damages may be presumed under a defamation per se theory. These...

    2 lawyers agreed with this answer

  4. Concerning a land contract, the person that was the seller, told me that he has sold his interest to an outside party.

    Answered over 1 year ago.

    1. Alexander Patton Montgomery
    1 lawyer answer

    This seems a little suspicious. However, it would all depend upon the terms of the land contract, whether it has been assigned, and what are the terms of the assignment. Without knowing the contents of these documents, it is difficult to answer your question (although you did the right thing in not posting any specific information to this site). You should have a lawyer review these documents and the summary he sent you to make sure you are protected. Let me know if I can be of any assistance.

    2 lawyers agreed with this answer

  5. Can I ask my former employer to take my picture off the company's website?

    Answered over 1 year ago.

    1. Alexander Patton Montgomery
    2. Lee Tucker
    2 lawyer answers

    It would depend upon the specific facts and circumstances surrounding this picture, but in general Ohio's right of publicity law prohibits the use of an individual's persona for a commercial purpose without that person's written consent (see Ohio Revised Code 2741 et seq. below). An attorney would need to review the picture and ask further questions, but its possible you may use this law to force your employer to remove the picture and, possibly, seek damages related to its use. As to the...

    1 lawyer agreed with this answer

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  6. The small city that I live in recently started streaming live video of...

    Answered over 1 year ago.

    1. Alexander Patton Montgomery
    2. Daphne Lori Macklin
    2 lawyer answers

    I agree with Daphne. Ohio does recognize the tort of invasion of privacy but this tort involves a wrongful intrusion into one's "private activities." In order for there to be a violation of privacy, there must be first some reasonable expectation of privacy in activities. Generally, when you are in public you have no expectation of privacy based upon the mere fact that you have voluntarily put yourself in an area where anybody can see you. For better or for worse, any citizen who ventures...

    1 lawyer agreed with this answer

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  7. What legally can I do about this? Or do I sit back and take it?

    Answered over 1 year ago.

    1. Alexander Patton Montgomery
    1 lawyer answer

    Under Ohio law (ORC 4113.15), an employer is required to pay wages at least semimonthly. Wages must be paid on or before the 1st and the 15th for wages earned during the preceding half-month period. A violation of this statute is a misdemeanor and, if your wages are unpaid for more than 30 days after your pay date, the statute authorizes liquidated damages. If you are in fact not paid, you should contact an employment law attorney immediately. Alexander Montgomery Cornetet, Meyer, Rush &...

    1 lawyer agreed with this answer

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  8. How can I sue a company in the state of Florida that is using our trade marks and name?

    Answered over 1 year ago.

    1. Maurice N Ross
    2. Alexander Patton Montgomery
    3. Jonathan Edgar Pollard
    4. Jeffrey Bruce Gold
    5. James Juo
    6. ···
    8 lawyer answers

    You need to hire a trademark attorney who can go over the specific facts with you and prepare a complaint to be filed with the appropriate court. The fact that your mark is registered with the USPTO is a very good thing. This is a prerequisite to filing a trademark infringement suit (and has several other advantages). Whether or not you have a claim for trademark dilution will depend upon whether your mark is considered "famous." From what you have presented, it sounds like you have a...

    3 lawyers agreed with this answer

  9. My boss, whom is a close friend, fired me because of pressure by other employees, because of favortism. Is that legal?

    Answered over 1 year ago.

    1. Alexander Patton Montgomery
    1 lawyer answer

    The default rule in Ohio is that every employment relationship is "at-will." This means your employer may terminate you at any time, with or without notice, for any reason as long as that reason is not unlawful. An unlawful reason would include termination due to race, color, national origin, religion, gender, age, disability, etc. You, in turn, may leave your employment at any time, with or without prior notice to your employer. Unless you had an employment contract, your employment was...

    1 lawyer agreed with this answer

  10. My wife is graphic designer and works part time 26 hrs and has a fixed salary. She does not get paid OT that she works.

    Answered over 1 year ago.

    1. Alexander Patton Montgomery
    1 lawyer answer

    Overtime is only required for nonexempt employees who work more than 40 hours in a workweek. If your wife is only working 26 hours a work, she will not qualify for overtime. However, even if she was working more than 40 hours per week, she would probably fall under the "creative professional" employee exemption. Under this exemption, overtime is not required for an employee compensated at least $455 per week, on a salary basis, whose primary duty is "the performance of work requiring...

    1 lawyer agreed with this answer