Stephen F. Banta’s Answers

Stephen F. Banta

Mesa Business Attorney.

Contributor Level 9
  1. I worked for a company for 14 years and was laid off in June. Do I have any legal rights?

    Answered over 2 years ago.

    1. Stephen F. Banta
    1 lawyer answer

    You may have a claim under the Arizona Employment Protection Act but it is impossible to tell from the limited facts you gave. The Act states: 3. An employee has a claim against an employer for termination of employment only if one or more of the following circumstances have occurred: (a) The employer has terminated the employment relationship of an employee in breach of an employment contract, as set forth in paragraph 2 of this section, in which case the remedies for the breach are...

  2. Is it legal for my boss to refuse to sign a paper I need to buy a home and also forbid the CPA to sign also?

    Answered over 2 years ago.

    1. Stephen F. Banta
    2. Barry W. Rorex
    3. Andrew Holter Barbour
    3 lawyer answers

    Your boss has no legal obligation to sign the document, and no, you do not have a case. I would try my best to explain to the lender that your boss refuses to sign the document.

  3. THE COURTS ARE SHOWING CHASE BANK AS THE GARNISHEE DEFENDANT, ME AS DEFENDANT AND WELLS FARGO AS PLAINTIFF. I AM CONFUSED.

    Answered over 2 years ago.

    1. Stephen F. Banta
    2. Scott L Greeves
    2 lawyer answers

    You owe money to Wells Fargo, who has a judgment against you. You likely now bank at Chase Bank and have an account there. Wells Fargo is attempting to garnish your account at Chase Bank to satisfy the judgment it has against you.

  4. Non-Compete Validity

    Answered over 2 years ago.

    1. Stephen F. Banta
    2. Saif Kasmikha
    2 lawyer answers

    If you were a recruiter for the mortgage corporation then I'd be very careful about hiring the person. Presumably the purpose of the contract is to keep you from competing as a recruiter and so it might not matter that the individual would be hired in a non-competing industry. In Arizona restrictive covenants must be reasonably limited in both time and geography...12 months is generally considered reasonable as far as time goes. If the contract purports to cover all of Arizona, whether or not...

  5. My contract ask for 280 for utilitys.ive paid this anount for 10 months.now my landlord is asking for 135 extra

    Answered almost 3 years ago.

    1. Stephen F. Banta
    1 lawyer answer

    It depends on what your rental agreement says about how you and the other tenant would share the utilities. However, it sounds like your landlord is in violation of A.R.S. 33-1314.01, the Arizona statute that covers utility charges. Also, he may be in violation of A.R.S. 33-1324, the Arizona statute that requires him to maintain a fit premises. You should consider suing him in small claims court if he insists on taking the extra money out of your security deposit.

  6. Do I have a case

    Answered almost 3 years ago.

    1. Stephen F. Banta
    2. Patrick Camunez
    3. Michael S. Haber
    3 lawyer answers

    I'd suggest that you ask this question again but post it in the Personal Injury section. That said, some employment lawyers may also have some advice as well.

  7. I never signed a non-compete agreement and they knew I was working for someone else - is it illegal to sell to their clients?

    Answered almost 3 years ago.

    1. Stephen F. Banta
    1 lawyer answer

    Non-competes typically apply when they are in writing and are reasonably limited in both geographic and temporal scope...in other words, distance and time. However, if you are working for Employer A, you probably owe Employer A a duty of loyalty, and if so, it might be unlawful to work for a competitor at the same time (you say they knew you were working for someone else but did they know it was a competitor?) unless Employer A knew of and approved of your other employment. The answer to...

  8. Bought Antique Lamp on Ebay, paid for it, and another guy offered the Seller more

    Answered almost 3 years ago.

    1. Stephen F. Banta
    2. Mary Katherine Brown
    2 lawyer answers

    I agree with Ms. Brown. You really need to decide whether this is worth it for you to pursue. If everyone is in different states it is going to be expensive to bring a lawsuit. I think your main cause of action is against the seller since he breached the contract. You may have claims against the buyer as well if he in fact knew that you had a contract with the seller. My sense is that you'd probably spend at least $15,000 to get the lamp, if not much more. Depending on where the suit is...

  9. I need to know if I have a case against my trade school that I attended from august 07 to june 08.

    Answered almost 3 years ago.

    1. Stephen F. Banta
    1 lawyer answer

    If you finished the required coursework then you are entitled to your certificate of completion and your weld certs. Is the school sending you bills on a regular basis? Is this for the student loans you took out? I can't quite figure out from your explanation what the problem is, other than that the school will not provide you with your certificate of completion and weld certs.

  10. I am an agent and the company is family my husband is manager and my son also we want to remove them and just name me

    Answered almost 3 years ago.

    1. Stephen F. Banta
    1 lawyer answer

    I am not sure I understand the facts, but you can file an amendment with the Arizona Corporation Commission to make the changes that are desired. A form is available on the Arizona Corporation Commission's website. It is something you can do yourself. If the changes are not agreed to by the other family members then you should contact a business attorney for a consultation.