Gary B. Lawson's Answers

Gary B. Lawson
Dallas Employee Benefits Lawyer.
Contributor Level 6

1

Attorney answers:

  1. Gary B. Lawson

Removal of LLC member

Asked by a user in Denver, CO - over 3 years ago.

You need to check the LLC and specific dissolution statutes in Colorado if that is the state law where you created the LLC. Some states have rules that permit dissolution if you get deadlocked over major matters that impair the ability to manage the business. Others don't. Be very very careful about trying to "freeze" your fellow shareholder out or sell the LLC assets to the new enterprise. Many states have laws that prohibit and penalize corporate oppression. Further, there are issues...

1 person marked this answer as helpful

3

Attorney answers:

  1. Steven J. Fromm
  2. Olaide Abdul Clement Banks
  3. Gary B. Lawson

Can my company refuse to release my 401k disbursement if i owed them money before resigning? I am 100%vested

Asked by a user in Chardon, OH - 10 months ago.

I don't disagree with Mr. Fromm, the employer has no right to impair your right to your 401(k) benefits but if it's a minor amount that you can clear up and you owe it, the best thing for you is to clear it up. If however you are financially in trouble, you can file a complaint with the local office of the US Dept of Labor http://askebsa.dol.gov/ employee benefits administration. Maybe your former employer will not like the "heat".

1

Attorney answers:

  1. Gary B. Lawson

Do I have to get more car insurance coverage?

Asked by a user in Long Beach, CA - over 3 years ago.

First, the disclaimer. The full answer will depend on the laws of the state where you live/work and any personnel manual. That said, likely yes. They can require added insurance as a condition for reimbursment. Whether it will really protect them or not if you are in an accident while working/driving on a company related matter is a question of state law, but the added insurance will sure help them and it will really help you too if you can afford it. One serious accident, say you are talking...