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Joel Matthew Fremstad

Joel Fremstad’s Answers

8 total

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

    An employee of ours is letting his nephew stay in our housing without our consent when it was originally discussed that no one would be allowed to stay there except for employee. This employee never signed a housing agreement with us and isn't pay...

    Joel’s Answer

    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, I have done lots of evictions and if it is just the nephew issue, a judge may not be real excited about evicting your employee. I would normally like to see something more specific and material. Thus, that is why I would see what your lease says with your landlord if you are leasing from someone else. Have you at least asked the employee to have the nephew leave?

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  • Is it legal in North Dakota to have a Sub-Contractor sign a Non-Compete agreement?

    My construction company is looking to hire on some sub-contractors and need to know if it is legal in North Dakota to have sub-contractors sign a Non-Compete agreement.

    Joel’s Answer

    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 to understand it is unlikely to hold up.

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

    It says that " midcontinent has been notified by a company or individual that copyright material ( movies or music) was downloaded using your Internet Protocol.

    Joel’s Answer

    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 saying your internet “IP” address is associated with the download of a movie or some other type of file that is allegedly copyrighted. You may also get a letter from an attorney representing the copyright owner seeking to settle with you. I have represented a number of folks dealing with this exact complaint and encourage you to contact an attorney to review this. The Electronic Frontier Foundation has some interesting info about the tactics being used. https://www.eff.org/issues/copyright-trolls. Again, your issue may be very different so you should contact an attorney.

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

    I was notified that my computer was used to download a porn movie and I found it on my computer. My ISP sent me a copy of the notice but hasn't revealed my name at this time. The site copyrightsettlements.com says I can pay the settlement and be...

    Joel’s 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 types of claims as well.

    http://torrentfreak.com/judge-an-ip-address-doesnt-identify-a-person-120503/

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  • 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?

    The homeowners say they use the hot tub nightly. I havent done any work on that side of the house in 3 weeks. I finished the job 2 weeks ago & no payment from the homeowners. I called a few times and they finally called back saying I put a hole in...

    Joel’s 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 sue in small claims court for what you are owed and defend against any counterclaim. As for the cover being old or new, usually the measure of damages will be cost to repair or replace.

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

    The person who hit them was going at an extreem speed when they rear ended my friend. It was clearly not my friends fault. Two of the passengers went into the ER for a routine check up- got some xrays and were discharged within two hours. My frien...

    Joel’s Answer

    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!

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

    I was served a lawsuit, never responded within 20 days with my written answer (was left with 3rd party who forgot to tell me) so defaulted. It wasn't brought before a judge but is being used to garnish my wages (collection sent my employer a garni...

    Joel’s Answer

    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 get the judgment reopened.

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

    My partner is ready to sell her half of the business. We have been in business over 20 years and have had a good relationship. Now, we need to come to an agreement on how much it's worth. Besides, the obivious of assets do you put a value on "b...

    Joel’s 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 business if the person providing the service is not going to stay, then the multiple would be very low, i.e. perhaps less than 1. Do you have stylists in addition to you and your partner? If so, this would improve the multiple you would expect to pay. There is a value to "good will" or as you say "blue sky." In North Dakota, however, this value is a bit less because there are limits on trying to keep your partner from starting a new venture.

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