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Gavin Nathaniel Johnson
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Gavin Johnson’s Answers

130 total


  • Class action lawsuit against a non-profit organization for fraud

    I have a situation where I paid a fee of 500.+ dollars to a non- profit organization for services and have not received the service based upon the contract. Myself and 60+ people are in the same boat. I'd I have a case and what should I do

    Gavin’s Answer

    If you sincerely believe you have a legitimate lawsuit against a company, you should contact a business attorney to discuss the situation and analyze the merits of your claim. On a forum like this it is difficult to give you any advice on how to proceed without additional details, e.g. the terms of the service contract, etc. Good luck!

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  • I am a franchisee and have received the Demanding letter from franchisor, how do I response if I don't want to pay?

    The situation is the franchisor sent me a demanding letter threaten if I don't pay them for the outstanding rent they will seize my store and personal goods.The reason why I didn't pay them was because I don't believe I own them the same amount. I...

    Gavin’s Answer

    Anytime you receive a demand letter requesting that you pay money that you (or your business) may or may not owe someone, you should contact an attorney. It sounds like you have a classic contract dispute here. One party says the other party owes money, and the other party disagrees and decides not to pay. Before this progresses any further, you should gather up the evidence you have to substantiate your claim that you don't owe money and call an attorney to discuss the merits of your claim. Of course, you can always just contact the franchisor and let them know your side of the story to gauge their response.

    If you decide not to do anything about the letter, you run the risk that the franchisor will file a law suit against you to collect the money. If you take a proactive approach to resolving this matter, you may be able to negotiate a more favorable result for you and your business. I'd strongly advise contacting an attorney.

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  • Is this contarct legal and binding

    my fiance broke up with me and now has made me sign a typed up "contract" for money i spent over 2 years ago while in the relationship.

    Gavin’s Answer

    It is impossible to let you know whether the contract is legal and binding without additional information. As a general rule, a valid contract (whether oral or written) must include an offer, acceptance and valid consideration. Consideration means that both parties give up something of value in exchange for the other party signing the contract. It is a facts and circumstances test in order to determine whether a contract is valid. This means that an attorney (or judge) will need to analyze all of the facts and circumstances surrounding the formation of the contract to determine whether it is enforceable.

    If you're concerned about the "contract" or your legal rights under it, you should consult with an attorney and discuss the rest of the facts surrounding the contract. Hopefully this helps. Good luck!

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  • When a Board member of a non-profit has a conflict of interest, who tells him of the conflict?

    Does the Board in general inform one of their members that there is a conflict of interest, or does that function fall to the President of the Board?

    Gavin’s Answer

    I agree with the previous answer. There is not generally any one director that is responsible to report all conflicts of interest to the Board. Typically the director with the conflict is under a duty to report that conflict (or potential conflict) to the Board. Non-profit corporations should always have a policy for dealing with conflicts of interest, and this policy should detail the manner in which the conflict should be reported to the board.

    If there's a potential for harm to the non-profit as a result of the conflict, you should consult with a business attorney to advise you on remedies. It's best to look into drafting a conflicts policy so you don't run into future situations where there's a conflict and no clear procedure for dealing with it. Good luck!

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

    The second part of my question is, in the state of WA, is 100 mile radius and 18 months a reasonable amount of time for a non-compete? What if I open an office in WA, but only work with clients outside of this state?

    Gavin’s Answer

    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.

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  • What considerations come into play allowing my users to process credit card payments on my website?

    If I had a business that provided people the ability to have an account, track affiliate sales and their own sales of their products and accept payments by credit card and also have the option of receiving their payments via ACH to their back acco...

    Gavin’s Answer

    Assuming that you will be collecting and processing personal information, you will want to draft a solid privacy policy and terms of use for your site. It'd be wise to consult with an attorney to have these policies drafted for you according to your specific business. You can also discuss best practices for protecting the information you collect and use.

    Sounds like an exciting venture, good luck!

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  • How long do you have legally until the earnest agreement expires, to follow through with the purchase contract?

    Is there a legall time frame allowed, from the day the earnest payment is made, too the closing day of the purchase contract?

    Gavin’s Answer

    I agree with the previous answers. You need to look at the terms of the contract to determine when the earnest money agreement expires. If you are unable to determine the specifics regarding the closing date and earnest money process, you should consult with a business (or real estate) attorney to review the contract and answer any specific questions you have. Good luck!

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  • Is there a legal definition or accepted meaning of "staff"?

    I.e. is it all employees? Or only non-exempt, or those not in managerial or supervisory roles?

    Gavin’s Answer

    I agree with the prior answer. If you want to learn more about classifying your employees, check out this post: http://www.invigorlaw.com/independent-contractor-vs-employee-a-guide-to-properly-defining-your-staffs-employment-status/

    Hopefully this is helpful!

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  • 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

    My friend's company has agreed to give me a small % equity in the firm for bringing a customer. Before I go any further I want to have something in writing signed by the Owner of the company. The company profit is like 250K a year so like 5% would...

    Gavin’s Answer

    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 happy to talk more about your situation with you. Please feel free to contact me at gavin@invigorlaw.com.

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  • Can an automobile contract be voided in WA State within 3 days

    My son and his wife are both on disability and recieve SSI. In addition they both have part time jobs. My son's spouse saw a car she wanted and agreed with the dealer to buy it. My son was adamently opposed to it but apparently went with her an...

    Gavin’s Answer

    A contract that was entered into by force or coercion is not a legally binding contract, as a contract requires voluntary acceptance to be binding. Whether your son was actually coerced into signing the contract should be discussed with an attorney. You will need to disclose all the details surrounding the transaction, including how your son was coerced, in order to determine whether the contract is binding.

    Without more information, it's hard to give you a definitive answer one way or the other.

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