James Crescent MacGillis’s Answers

James Crescent MacGillis

Minneapolis Business Attorney.

Contributor Level 6
  1. I am an employee of company "A" and currently work for end client "C" through a middle vendor/company "B". Can I join the C ?

    Answered about 5 years ago.

    1. James Crescent MacGillis
    1 lawyer answer

    Based only on the non-compete language you provided, I think you have a strong argument that company A cannot enforce the non-compete against you if you join Company C. This assumes that Company C is not a customer of Company A. But, only by analyzing the complete document, and making a broader inquiry about your work, the relationship between A and B, and any agreements you have with B, would any lawyer be able to give a more definite opinion. I recommend you confer with an attorney before...

    1 person marked this answer as helpful

  2. I've been misclassified as an independent contractor...

    Answered about 2 months ago.

    1. James Crescent MacGillis
    1 lawyer answer

    Our law firm is located in Minneapolis, Minnesota and routinely advises employees and employers on independent contractor relationship. Your description raises multiple questions, including (i) were you properly classified as an independent contractor? (ii) Should you have previously received a Form 1099? (iii) Did you previously report earned income and pay self-employment tax? "Clearing this matter up," as you write above, would require a careful examination of what has gone on, and...

  3. I am interested in legal help when I buy a franchise.

    Answered 6 months ago.

    1. Kevin Brendan Murphy
    2. Mario L Herman
    3. Janet Spiro Martin
    4. Maury Devereau Beaulier
    5. James Crescent MacGillis
    6. ···
    7 lawyer answers

    I don't think any attorney can provide a solid estimate without understanding the type of franchise you are purchasing, and the scope of documentation. For example, are their real estate leasing issues? That will add time to the project. Is the franchise "new" or something like McDonalds that has been around for a long time? This will likely impact review time.

  4. Questing regarding a business loan and collateral.

    Answered 6 months ago.

    1. Damon Anthony Moore
    2. James Crescent MacGillis
    3. Pearlette Vivian Toussant
    3 lawyer answers

    The answer is "yes," though it depends on the type of business. Lenders vary on whether they will be sufficiently secure. An equipment-heavy business, or one in which "the business" consists of real estate, will be more secure for a lender than one in which you are purchasing and pledging good will. Bottom line: it is the lender that will accept or decline to fund your purchase based on your financials, collateral, and other considerations. Find a lender you can work with that understands...

  5. Is there anyway to get out of a non compete agreement?

    Answered about 5 years ago.

    1. James Crescent MacGillis
    2. Pamela Koslyn
    2 lawyer answers

    Non-compete agreements are frequently enforced by Minnesota courts. A reviewing court will enforce a non-compete (assuming entered into lawfully) that serves a legitimate employer interest, and is limited in duration and scope. One can "get out" of a non-compete by having a valid defense, based on the standard I just described. Alternately, it is possible at times to buy-out the non-compete, or otherwise negotiate a release. Most employers, however, are very unwilling to do so unless there...

  6. Mn non compete

    Answered about 5 years ago.

    1. James Crescent MacGillis
    1 lawyer answer

    Perhaps. In Minnesota, a non-compete passes one initial test of enforceability if provided to a job applicant as part of the job offer, and if executed on or before the first day of employment. If you did not sign on or before the first day, it may still be enforceable under a number of theories. First, if the employer offered you real consideration (something of value) for your agreement, then the non-compete may be enforceable. Second, if after signing the non-compete you received real...

  7. I filed an LLC w/ state of MN with a partner but we have not opened the business yet. Can I remove her?

    Answered about 5 years ago.

    1. James Crescent MacGillis
    1 lawyer answer

    Not likely if you were both involved in creating LLC. If you and your "partner" are both organizers of the LLC, but no Board of Governors has been named (or other managerial structure), then you and she would need to agree that she would not become a member. If the organizers named a Board of Governors, but no membership units have been sold, the Board may elect not to sell any units to the prospective partner (note, however, this may breach a contract you have if agreement was reached on...

  8. What is the procedure to going out of business? Do we have to bankrupt the LLC?

    Answered about 5 years ago.

    1. James Crescent MacGillis
    1 lawyer answer

    You have asked multiple questions, and your questions raise a number of issues. While I cannot opine as to Washington law, and recommend you contact a Washington-licensed attorney to finalize your dissolution, I advise as follows: First, a business bankruptcy is certainly not a "must." Unless you intend to reorganize the business such that creditors will all receive some portion of the obligations owed to them, it is unlikely there is any great advantage to a business bankruptcy....

    1 person marked this answer as helpful