Stephen Patrick Hoffman’s Answers

Stephen Patrick Hoffman

West Saint Paul Business Attorney.

Contributor Level 3
  1. My ex employer is with holding my last check because i owe him some money i did not give him permisson is this legal

    Answered 2 months ago.

    1. Stephen Patrick Hoffman
    1 lawyer answer

    You may be able to take him to court and recover some or all of your wages. Under the general rule, an employer must pay the employee's wages by the next regular payday after the employee's final work day. Where the final day is within 5 days of the next payday, the employer gets a little more time but must still pay within 20 calendar days. The employee can demand immediate payment in writing if he doesn't pay by then and, if the employer still doesn't comply, he's liable to the employee...

    2 lawyers agreed with this answer

  2. Naming my business

    Answered over 2 years ago.

    1. Maurice N Ross
    2. Boris Umansky
    3. Stephen Patrick Hoffman
    4. Alexander H Butterman
    4 lawyer answers

    Yes, you should be able to use the same name based on your information. In general, a business can register any name not prohibited by law or where the name is trademarked or would be otherwise misleading. For instance, you probably would not be able to register a business named "Coca-Cola LLC" since it uses a registered trade name. You also probably couldn't register "Acme Inc., LLC" since the "Inc." would likely be misleading as to the actual form of the entity. If your proposed...

    3 lawyers agreed with this answer

  3. Can I get my license to sell life, property and casualty insurance if I have a pending misdemeanor theft charge?

    Answered 2 months ago.

    1. Stephen Patrick Hoffman
    2. Christian K. Lassen II
    2 lawyer answers

    The pending theft charge shouldn't prevent you from getting licensed. Minn. Stat. § 60K.43 gives the possible reasons that the Commissioner can deny an insurance producer's license. Under Subsection 6, being convicted of or pleading guilty/no contest to a misdemeanor could be a valid reason, but only if it's a crime "involving moral turpitude, including, but not limited to, assault or similar conduct." Whether your theft charge constitutes a crime of moral turpitude will depend on the...

  4. How long before personal belongings are considered abandoned, and able to be removed?

    Answered over 2 years ago.

    1. Stephen Patrick Hoffman
    1 lawyer answer

    The answer to this question might depend on your lease. The best course of action would likely be to just inform your landlord that your roommate moved out over a month ago. Under Minnesota law, however, the landlord probably won't be able to remove the abandoned property for another month. Minnesota Statute 504B.271 allows a landlord to remove abandoned property either: 1) 28 days after the landlord receives notice of the abandonment; or 2) 28 days after it reasonably appears to the...

  5. We own a small kitchen cabinet business and have a customer that refuses to pay us $850. What should we do next?

    Answered over 2 years ago.

    1. Yousef Mazen Faroniya
    2. C L Huddleston III
    3. Stephen Patrick Hoffman
    4. Peter Joseph Lamont
    4 lawyer answers

    It depends on whether suing him is appropriate in your circumstances. First, make sure that filing a lawsuit would be appropriate. If you use any sort of purchase agreement, order form, or form invoice with your customers, you may want to look at that first. If these agreements were well-drafted, they probably contain a clause stating where a party can sue (e.g., in what state, county, type of court) or even if you can sue at all. Some agreements, for instance, contain a mandatory...

    1 lawyer agreed with this answer

  6. Correct country of origin labeling ("Made in ___") for a new product

    Answered over 2 years ago.

    1. Stephen Patrick Hoffman
    1 lawyer answer

    Marking requirements for imported goods can be complex, especially where the countries involved are subject to additional trade agreements. Since China and the U.S. are both WTO Members and China does not receive special tariff rates from the U.S. (e.g., under a trade agreement or preference system), the WTO non-preferential rules of origin and markings apply. The goal of marking is to ensure that the ultimate purchaser of the goods is aware of where they came from. This can become very...