Laura Christine Hess’s Answers

Laura Christine Hess

Irvine Business Attorney.

Contributor Level 10
  1. If I contract someone to hand out flyers for my business and he gets into an accident while handing out the flyers, am I liable?

    Answered almost 5 years ago.

    1. Laura Christine Hess
    2. Thomas Gerad Lewellyn
    3. Lars A. Lundeen
    3 lawyer answers

    The answer depends on whether the deliverer really qualifies as an independent contractor under CA law. The court will not place much weight on the fact that you and he agreed that he would be an independent contractor. The most significant factor in determining whether the status of a person performing services for another is an employee or an independent contractor is your right to control the manner and means of accomplishing the result, that is, the details of the work. If you controlled...

    Selected as best answer

  2. As a waitress do i have to pay for walk outs?

    Answered almost 3 years ago.

    1. Frank Wei-Hong Chen
    2. Laura Christine Hess
    3. Marilynn Mika Spencer
    4. Christine C McCall
    4 lawyer answers

    No. In California, it is illegal for an employer to deduct business losses such as this from an employee's wages.

    2 lawyers agreed with this answer

  3. Do I Have Standing to Go After 2 Business Partners for the Fraud of Just One?

    Answered about 3 years ago.

    1. Ross Carlton Meltzer
    2. Laura Christine Hess
    3. Bruce Allan Wilson
    4. Kevin Arnold Spainhour
    4 lawyer answers

    Likely not, without additional information against Jill. However, you may be able to name the business as a defendant if Jack acted on behalf of the business when he committed the fraud, or if the business ratified his fraud upon discovering what he did. The only way you can go after Jill individually is if she participated in the fraud, or if you can prove she is the alter ego of the company.

    2 lawyers agreed with this answer

  4. Is the use of my business name to make more money illegal?

    Answered about 3 years ago.

    1. Joshua M King
    2. Daniel Nathan Ballard
    3. Laura Christine Hess
    4. Eliza I Stefaniw
    5. Antonio Rosas Sarabia II
    6. ···
    6 lawyer answers

    It could be considered Unfair Competition. California's Unfair Competition Law is pretty broad and prohibits and unfair, fraudulent, or deceptive trade practices. It may also be considered trademark infringement if they are deliberately trading off the goodwill associated with your name (i.e. deliberately attempting to create consumer confusion as to the source of the services).

    2 people marked this answer as helpful

  5. Looking for local counsel in commercial dispute in Santa Ana, CA

    Answered over 4 years ago.

    1. Douglas Anthony Dube
    2. Laura Christine Hess
    3. Steven Alan Fink
    3 lawyer answers

    I am a business litigator in Orange County (office is in Irvine). I would be glad to assist you. My contact information is lhess@kringandchung.com, (949) 261-7700.

    1 lawyer agreed with this answer

  6. If paydays are posted, is the employer suppose to pay on those days or can they delay 4,5, 6 days?

    Answered almost 5 years ago.

    1. Kevin Brendan Murphy
    2. Laura Christine Hess
    3. Michael Robert Kirschbaum
    4 lawyer answers

    Your employer must pay you your wages on the posted days, under California law. If it does not, then it is liable for paying you 30 day waiting time penalties. This is a penalty equal to one day's worth of your regular wages, multiplied by the number of days it was late in paying you your wages, up to a maximum of 30 days.

    2 people marked this answer as helpful

  7. Just purchased a corporation. just found out the previous owner opened another business using the name of the corporation

    Answered almost 5 years ago.

    1. Pamela Koslyn
    2. Laura Christine Hess
    3. Andrew David Simons
    3 lawyer answers

    You have potential causes of action for unfair competition, breach of contract, and fraud. Perhaps more importantly, you should look into filing an action for an injunction against the seller to prevent him from using the confusingly similar trade name and essentially stealing the goodwill of the company he sold you.

    1 lawyer agreed with this answer

  8. Am I entitled to overtime?

    Answered over 4 years ago.

    1. Laura Christine Hess
    1 lawyer answer

    Yes, you are entitled to receive overtime and meal and rest breaks. I recently defended a Los Angeles based tour bus company against a meal and rest break/overtime claim by a tour bus driver.

    1 person marked this answer as helpful

  9. I gave two weeks notice

    Answered almost 5 years ago.

    1. Laura Christine Hess
    2. Kevin Paul Smith
    3. Pamela A Wilson
    3 lawyer answers

    This often happens. Employers sometimes do not want employees to stay on after giving two weeks notice if they feel they won't be productive during that time. There is nothing illegal about letting an employee go in response to their giving two weeks notice. However, it does change your eligibility to receive unemployment. Because they let you go early, it is now considered a termination rather than a quit and you qualify to receive unemployment benefits.

    1 person marked this answer as helpful

  10. Can I sue a friend who's receiving unemployment?

    Answered almost 5 years ago.

    1. Jeremy Smith
    2. Laura Christine Hess
    3. Ronald Barry Schwartz
    3 lawyer answers

    You can still file an action against him if he is unemployed. The question is whether you will be able to recover anything from him if you obtain a judgment. Depending on the amount, you may want to file a small claims action against him (the amount depends on the jurisdiction, but usually available for claims $7,500 or less).

    1 person marked this answer as helpful