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Gavin Nathaniel Johnson
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Gavin Johnson’s Answers

130 total


  • Non compete signed between massage therapist & chiropractic office.

    A Massage therapist left the chiropractic office & is working for another chiropractic office outside of the 10 mile radius agreement. However, the former employer is complaining that they will be losing over two million dollars in the next two y...

    Gavin’s Answer

    I agree with the previous answers. You should really consult with an attorney to review your non-compete agreement and determine whether you are liable at all to your prior employer. Whether a non-compete agreement is enforceable is a facts and circumstances test and will require additional information in order for an attorney to determine whether you have the right to work for another chiropractic office in the area.

    Many attorneys offer free consultations to discuss your situation and determine whether the attorney can help you out. I'd suggest contacting an attorney sooner rather than later.

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  • Breech of employment contract

    I signed a contract with a company out of Texas to work for another company as a conultant in Saudi Arabia and after a month the said that my contract was not written corectly and want to change it form a hourly contract to a salary contract which...

    Gavin’s Answer

    The ability for either side to modify the contract from its original terms will depend on what the contract says, i.e. what is required for an amendment to the contract. Generally contracts allow for amendments where both parties agree to the change, but it isn't always the case that there must be mutual consent to the amendment.

    If you want to know what your legal rights are, you'll want to call an attorney to discuss the contract and your circumstances in more detail. Many attorneys offer free initial consultations for these types of situations, and you can sort out whether you have any recourse in this specific situation.

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  • Is an email correspondence with a potential employer a contract?

    Potential employer emails me details of an employment agreement. I did not respond to the email, but based on that eventually accepted the position with the understanding that the terms spelled out in the earlier email were controlling. No other...

    Gavin’s Answer

    I agree with Mr. Higgins. There is a good argument that a contract may exist here. Email agreements can be enforceable contracts depending on the circumstances and context of the situation. You should talk with a local attorney to discuss your situation in more detail to determine your rights and what might occur if there's a breach.

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  • I sign a contact for some trees to be cut down and was told that if I cancel the contact it would only be $25 for the app. $50 c

    Cancel fee. One year later I'm getting my bank garnish for 4600 dollars. Can something be done.

    Gavin’s Answer

    Yes. Bring the contract to a local attorney to review the terms of the contract and what happens if the contract is cancelled. An attorney can advise on what your rights and obligations are under the terms of the contract and let you know what the next best steps would be for you in this particular situation.

    Many attorneys offer a free consultation to discuss your situation. You can contact our Tacoma office at (253) 666-6562 to talk with a local attorney if you'd like.

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  • Should I renew my LLC (partnership)?

    I am current a owner of a 50/50 LLC in Washington formed in 2012. My partner and I developed an unfinished software and transferred the assets of the software to the LLC when it was formed in a standard operating agreement. This LLC has no incom...

    Gavin’s Answer

    If you're interested in winding up the LLC and walking away, I'd suggest you sit down and talk with a business attorney to sort out the company's obligations and how to distribute assets to the members of the company. How exactly you divvy up the assets will depend on how the company is organized and what is written in the operating agreement (if there is one). Regardless, you will need to pay off all debt before distributing assets to the members.

    I'd suggest gathering your company documents (certificate of formation, operating agreement, and any other contracts) and sitting down with a business attorney to discuss the best route to accomplish your goals. Good luck!

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  • Contractor didn't finish his job. Does he have right to demand me to pay him the remaining half of money?

    I directly hired the painting company to paint inside of my SFH. They stopped the project 2 times and finally didn't finish the project and left. I have paid them half of money at the beginning of the project. But they still demanded me to p...

    Gavin’s Answer

    Without seeing the contract and reviewing the terms of the deal, it's difficult to determine whether you're obligated to pay and the remedies available to you in order to get the job completed. Based on the facts you provided, it does not seem likely that you would be required to pay the remaining balance if the painting company did not complete the work, i.e. you shouldn't be required to pay for services that you haven't received. Generally speaking, the contractor has the right to request payment for services it has rendered. If the company did work above and beyond what you have already paid for, you may be required to pay additional money. I'd need to know additional information and see the contract to provide any specific advice.

    You should contact a local business attorney to review your contract and discuss your rights and obligations under the contract.

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  • I signed a non -compete & was let go without the contracts formal 15 day letter or 2wk. Severence /for no fault termination

    Worked at salon 2 1/2 yrs. Bringing in my own clients. I signed a non compete saying I can't work in the field I was trained for 2 yrs./35miles. Another clause specifically said if she fires me for no reason she would have to give me 15days writte...

    Gavin’s Answer

    • Selected as best answer

    Typically a non-compete agreement will only be enforceable if it is reasonable in scope (the geographical area and the type of work you're precluded from engaging in) and duration (the period of time that you are restricted from working in that industry). As the previous answer noted, courts narrowly construe non-compete agreements because they restrict people's ability to make a living, especially if your skills are specific and your ability to make a living in another industry is not reasonable.

    You should sit down with an attorney to review the terms of the non-compete and severance in order to determine what the appropriate next step is for you.

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  • I am being sued in implied partnership dispute

    I am being sued by a fellow sales rep who is alleging that we are business partners. I have worked for the same manufacturer for over 20 years. I am a 1099 independent sales contractor. 6 years ago I asked the CEO of the manufacturing company if w...

    Gavin’s Answer

    The advice you're asking for is specific and you should hire an attorney to discuss strategy related to your dispute. If you have been sued, you should talk with an attorney as soon as possible since there are deadlines for responding to the complaint, and you risk missing those deadlines and having a default judgment entered against you.

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  • Am I still bound by non-compete agreement if the company's relocating to far distance from my home (thus looking for a new job)?

    I have signed a non-compete agreement upon being hired at my current job about 2 years ago. I believe it says in 12 months after termination (voluntarily/involuntarily), I can't work in the same setting of my profession in about 200 miles radius f...

    Gavin’s Answer

    The quickest way to get an answer regarding the enforceability of the non-compete agreement you signed is to call up a business attorney to take a look at the agreement itself and discuss the surrounding circumstances regarding your prior and future employment.

    Courts disfavor non-compete agreements since they restrict the ability of people to make a living. Generally speaking, the terms of a non-compete agreement will only be enforced if they are reasonable in scope (the location and type of industry you're restricted from participating in) and duration (the time period that the restriction applies). Whether the restrictions are reasonable will depend on the facts and circumstances regarding your employment, the industry you work in, your location, and your future employment opportunities.

    As I noted, give a call to an attorney if you want more specific answers regarding your non-compete agreement. Most attorneys offer free initial consultations. Good luck!

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  • Am I still bound by the terms of my contract if I keep working for my employer after the contract ends?

    I started a four month contract with my current employer in November of 2012, which expired at the end of February 2013. Per the terms of the original contract, we were supposed to draw up a new contract when that one expired. I have not insisted ...

    Gavin’s Answer

    I agree with the previous answers. A quick consultation to review your contract with a business attorney will help clarify your rights and obligations under the contract. Unfortunately, there's no "one size fits all" answer to your question. It really just comes down to the terms of the contract and the circumstances surrounding the contract and your current situation.

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