Gavin Nathaniel Johnson’s Answers

Gavin Nathaniel Johnson

Bellevue Business Attorney.

Contributor Level 12
  1. Will a verbal agreement stand up?

    Answered over 2 years ago.

    1. Gavin Nathaniel Johnson
    2. Bryant Keith Martin
    2 lawyer answers

    Generally, an oral agreement may be enforceable depending on the circumstances. In Washington, RCW 19.36.010 details specific contracts that must be in writing to be enforceable. According to the limited facts you provided, it doesn't appear that your oral agreement would fall within that statute. Keep in mind, for an oral agreement to be enforceable it must have all the standard elements of a contract, i.e. an offer, an acceptance, and valid consideration (each party gives up something of...

    4 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Can a managing member of an LLC without an operating agreement sell an asset without consent of the other member.

    Answered 4 months ago.

    1. Collin Roberts
    2. Gavin Nathaniel Johnson
    3. Richard Paul Patrick
    4. Benjamin T G Nivison
    4 lawyer answers

    I agree with the previous answers. It's best for you to sit down with a business attorney to discuss your situation in more detail and determine what the next best steps are. I'd suggest doing so before you take any additional steps.

    4 lawyers agreed with this answer

  3. Non-Competes in WA State- If your previous employer's company shuts down, does that make the non-compete void?

    Answered over 1 year ago.

    1. Alexander J. Higgins
    2. Howard Eugene Bundy
    3. Gavin Nathaniel Johnson
    3 lawyer answers

    I agree with the previous answer. If you're legitimately concerned with the enforceability of the non-compete, then take the contract to an attorney to review. Whether a non-compete is enforceable is a facts-specific analysis and requires more than just reviewing the specific terms of the contract.

    4 lawyers agreed with this answer

  4. Need to draft a equity document. A company has agreed to give me some small % equity in their company. Where do I get a template

    Answered over 1 year ago.

    1. Gary K. Marshall
    2. Michael Charles Doland
    3. Gavin Nathaniel Johnson
    4. Christopher Michael Larson
    5. Eric James Sachtjen
    5 lawyer answers

    I recommend you consult with a local business attorney to assist you with drafting the right agreement for this particular transaction. As another answer noted, its generally a bad idea to use form contracts that are not custom-tailored to accomplish your goals, especially when you are looking to acquire equity in a company. By working with an attorney on this transaction, you can ensure your rights are protected and you are aware of any risks or obligations you may be taking on. I'd be...

    4 lawyers agreed with this answer

  5. I borrowed 1500 from a guy and was working it off but can't pay him back he said I was going to be put in jail is that true

    Answered almost 2 years ago.

    1. Gavin Nathaniel Johnson
    2. Scott Kemble Wilson
    2 lawyer answers

    He can take you to small claims court to try and obtain a judgment against you for the money you owe. This would be a civil action and the judgment would be for money not jail time. Was there a written agreement that documents the amounts owed and a time-frame for when the amounts will be paid back? You should compile any evidence you have of the hours you've worked, present that evidence to him, and explain your financial situation. If he is unwilling to work out any modified payment plan,...

    4 lawyers agreed with this answer

  6. I have a disolved LLC with a contractors license that has liens and fines. Can I open up a new LLC?

    Answered almost 2 years ago.

    1. Joshua David Dabling
    2. Thomas Edward Gates
    3. Gavin Nathaniel Johnson
    4. Raphael Samuel Moore
    4 lawyer answers

    I agree with the previous answer. This doesn't necessarily restrict your ability to open up a new LLC, but you should sort out the prior dissolved LLC's issues before you complicate things further by starting a new business. Depending on the nature of the liens and fines, there may be personal liability that will follow you regardless of starting a new LLC. You should review the situation with a business attorney to make sure you aren't going to complicate things further by forming a new LLC.

    4 lawyers agreed with this answer

  7. What can happen if I do not pay the balance my caterer believes I owe?

    Answered almost 2 years ago.

    1. Gavin Nathaniel Johnson
    2. Raphael Samuel Moore
    3. Shawn B Alexander
    3 lawyer answers

    Was there a written agreement between you and the caterer that discussed the original estimate and additional terms? The caterer could sue to recover the unpaid balance, but depending on the amount you owe, it may not be worth his time or money to pursue. Absent any express written agreements, the caterer would have to rely on other facts, including oral agreements, and details about the work he actually performed. You can always try and negotiate a settlement, i.e. a lesser amount of money...

    4 lawyers agreed with this answer

  8. After 10 yrs of employment in sales I was asked to sign an Non Compete. I was not given any compensation or bonus to do this.

    Answered almost 2 years ago.

    1. Alexander J. Higgins
    2. Gavin Nathaniel Johnson
    3. James A. Braschler
    3 lawyer answers

    Whether the non-compete agreement is enforceable depends on the terms of the non-compete. Typically, a non-compete agreement cannot restrict your ability to make a living. The agreement has to be reasonable in terms of scope and duration. Scope includes the geographic restriction and the type of business that you are restricted from engaging in. Courts will analyze a number of factors in order to determine whether the scope and duration of the particular agreement will be enforceable. You...

    4 lawyers agreed with this answer

  9. Is an employment contract valid if the name of the owner is misspelled and the address of the company is wrong?

    Answered almost 2 years ago.

    1. Gavin Nathaniel Johnson
    1 lawyer answer

    The contract is likely still valid. Contracts may be invalid and unenforceable if certain material terms of the agreement are inaccurate or not present. A simple misspelling of a name (assuming it is still easily decipherable the person it is referencing), or wrong address of the company would likely not render the contract unenforceable. Assuming the content of the contract is all accurate (aside from the two inaccuracies you note), a court would likely find this contract enforceable. It...

    4 lawyers agreed with this answer

  10. Can I go after partner who I set up S ,corp with for fraud

    Answered almost 2 years ago.

    1. Gavin Nathaniel Johnson
    2. Michael Leo Potter
    3. Thomas Martin Morningstar
    4. Dave Bahr
    4 lawyer answers

    I'm not sure what you're asking here. If you suspect your business partner of fraud and you've lost a significant amount of money, you should contact a business attorney to discuss the situation in detail.

    4 lawyers agreed with this answer

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