Joel Matthew Fremstad’s Answers

Joel Matthew Fremstad

Fargo Business Attorney.

Contributor Level 3
  1. Is it legal in North Dakota to have a Sub-Contractor sign a Non-Compete agreement?

    Answered almost 2 years ago.

    1. Alan Baker
    2. Joel Matthew Fremstad
    3. Stephen Joseph Cipolla
    3 lawyer answers

    In North Dakota non-compete agreements are usually only valid when the sale of a business is involved. In other words, the seller of the business can be prevented from not-competing with the buyer. Even then, however, there are limits. That said, you may be able to protect yourself in other ways. You can validly protect trade secrets and confidential information. Certain forms of non-solicitation agreements are also permissible. You can also certainly include a non-compete, but just need...

    1 person marked this answer as helpful

  2. Is it legal to evict an employee, who did not sign a housing agreement, from company housing?

    Answered almost 2 years ago.

    1. Alan Baker
    2. Joel Matthew Fremstad
    2 lawyer answers

    I agree with much of what Attorney Baker mentioned in his answer. It would also be useful to know what you mean by "our" housing. If the company is renting from a landlord, there should be a lease. That lease may also have some additional limitations. I encourage my employer clients to ensure that they have formal written agreements when it comes to housing their employees and to also ensure that they have appropriate agreements with landlords they are leasing from. As a practical matter,...

  3. I got a "alleded copyright infringement" letter from Midcontinent ( my internet Company ) What does this mean?

    Answered almost 2 years ago.

    1. Robert Pecco Baker
    2. Joel Matthew Fremstad
    3. Maurice N Ross
    3 lawyer answers

    Some lawyers have found a new way to make money–prey on people of being exposed for allegedly downloading copyrighted materials, especially allegedly pornographic movies. While I certainly frown upon copyright violations, often the allegations are without merit and simply an attempt to extort a settlement. It may be that a neighbor was using your wireless access or that it was some other unauthorized use. The basic gist of events is that you will get a notice from your internet provider...

  4. I am a MN Lic.Building Contractor. Am I responsible to pay for a hot tub cover damaged, reported 2 weeks after I did work?

    Answered over 2 years ago.

    1. Joel Matthew Fremstad
    1 lawyer answer

    The fact that they didn't report the damage may be evidence that you didn't do it, but is not determinative of liability. Did they keep the old cover? Did they take pictures of the damage? If not, you can argue they destroyed evidence and took away opportunity to prove you weren't responsible. If you have insurance you may want to report it to your carrier. Similarly, you may want to tell them to report it to their carrier. Depending on the value of what you are owed for you may want to...

  5. How can I get a garnishment dropped from a default judgment that hasn't been filed in court yet.

    Answered over 2 years ago.

    1. Adam William Klotz
    2. Michael James Wang
    3. Joel Matthew Fremstad
    3 lawyer answers

    More information would be useful. Prejudgment garnishment is available in Minnesota. Thus, it is important to learn whether there is an actual judgment that has been entered or prejudgment garnishment is being used. If it is just prejudgment garnishment, you could still Answer the Complaint and that should stop the prejudgment garnishment. If there is a regular judgment and regular garnishment, then the question is whether it is worth attempting to dispute the underlying debt and trying to...

  6. A friend of mine got rear ended the other day, and at the time of the accident had no car insurance. What will happen?

    Answered over 2 years ago.

    1. Matthew Jon Hoffman
    2. Paul Y. Lee
    3. Joel Matthew Fremstad
    3 lawyer answers

    While there is a requirement under North Dakota law to have certain minimum liability insurance, such is separate from the question of negligence, or as we call it in North Dakota fault. Your friend and all of the passengers should seek to have any medical bills and or damage covered under the other driver's insurance. That said, I assume you were ticketed for driving without insurance. You will obviously need to rectify that!

    1 lawyer agreed with this answer

  7. If I pay the settlement on copyrightsettlements.com will they be able to come after me for more money?

    Answered over 2 years ago.

    1. Joel Matthew Fremstad
    1 lawyer answer

    There are a number of these kinds matters out there, some would even say it is approaching a scam. Without knowing your specific situation it is difficult to be specific as to what you should do and I am not familiar with copyrightsettlements.com. That said, I have had multiple clients with this issue (some of whom for sure were not involved in the download and some of whom may have been) and we have never paid anything on any of the claims. Courts seem to be cracking down on some of these...

  8. Is there a formula to buying my partners half of our beauty salon? Is "blue sky" still considered and if so, at what percentage?

    Answered over 2 years ago.

    1. Joel Matthew Fremstad
    1 lawyer answer

    Generally speaking there is no magic formula. Do you have a business that has corporate records and was formed by an attorney? If so, do the records you have include any form of a "buy-sell" agreement? If so, this may have something set out for you. If not, there are a number of ways to look at the financials and make a proposal. Some people will look at paying "multiples" of revenue. (You may want to visit with your accountant if you have one as well) That said, in a personal services...