Gavin Nathaniel Johnson’s Answers

Gavin Nathaniel Johnson

Seattle Business Attorney.

Contributor Level 12
  1. Is it legal for a client to request a background check on you as an employee rather than a vendor and/or outsourcing business?

    Answered over 2 years ago.

    1. Pamela Koslyn
    2. Gavin Nathaniel Johnson
    2 lawyer answers

    I agree with Ms. Koslyn above. It's difficult to tell whether or not you are obligated to comply with the background check without reviewing the exact language in the contract you signed. Generally, in the employment context, employers may conduct criminal background checks after consent from the employee. In fact, some employers are required by federal and state laws to conduct background checks prior to hiring. However, in your situation it sounds more like you would be considered an...

    3 lawyers agreed with this answer

  2. I quit a job to help a startup business without pay, the business failed a year later.

    Answered over 2 years ago.

    1. Gavin Nathaniel Johnson
    1 lawyer answer

    Unfortunately there's no bright-line rule for whether or not you'll be eligible for unemployment. Washington State takes into account a number of factors when deciding whether you are eligible. Generally, you have to have 680 hours of covered employment with the prior employer just to qualify for an unemployment claim. Your wages must have been earned in Washington. In addition, you'll need to explain the reason you became unemployed. The state provides these (very vague) guidelines: (1) If...

    3 lawyers agreed with this answer

  3. Do you need a business license to open a bank account (used to wire money) for a LLC anywhere but here in Washington State?

    Answered over 2 years ago.

    1. Gavin Nathaniel Johnson
    2. Larry R Schreiter
    3. Peter Joseph Lamont
    3 lawyer answers

    To open a bank account for the LLC, all you will need is a federal employer identification number (or EIN). You can apply for an EIN for free here: https://sa1.www4.irs.gov/modiein/individual/index.jsp However, if you plan to actually conduct business you will need to comply with state and local regulations regarding business licenses and permits. It's always best to take a few minutes and place a call to a business attorney to discuss your matter in order to avoid any hassles down the road.

    3 lawyers agreed with this answer

  4. Non compete signed between massage therapist & chiropractic office.

    Answered over 1 year ago.

    1. Levi Barlavi
    2. Todd W Wyatt
    3. Gavin Nathaniel Johnson
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  5. Confusion over status of a manager; is he a manager or a managing member?

    Answered about 2 years ago.

    1. Robert John Murillo
    2. Gavin Nathaniel Johnson
    3. Howard Eugene Bundy
    3 lawyer answers

    To piggyback on the prior answer (and comments), management in a Washington LLC is governed by RCW 25.15.150 (http://apps.leg.wa.gov/rcw/default.aspx?cite=25.15.150). By default the LLC is member-managed, i.e. the management authority is vested in the members of the LLC. However, the statute(s) provide great flexibility to draft an operating agreement that details another management structure (including a manager-managed LLC). Absent an operating agreement, the default management structure...

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  6. What paperwork do I need to prepare in order to pay my startup collaborators in equity?

    Answered 6 months ago.

    1. Keil A Larsen
    2. Howard Ramsey Morrill
    3. Lev Martyniuk
    4. Gavin Nathaniel Johnson
    4 lawyer answers

    I agree with Mr. Larsen. You best bet is to schedule time to talk with a business attorney to discuss your new company, your objectives for the future and how the company will grow, and how to structure equity compensation for your employees/founders. Many attorneys offer free consultations to discuss the details of your particular venture and how they can assist you moving forward. Investing a small amount of time and money upfront can save you some huge headaches down the road.

    2 lawyers agreed with this answer

  7. Lawyer to negotiate employment contract

    Answered 9 months ago.

    1. Julie Anne Oberbillig
    2. Gavin Nathaniel Johnson
    3. Alexander J. Higgins
    3 lawyer answers

    A quick search for a business or employment attorney on Avvo will provide a long list of attorneys that are capable of helping you out. I'd suggest starting there. Otherwise, you can ask family and friends if they have any recommendations.

    2 lawyers agreed with this answer

  8. I am looking to start a small, side business and would like advice LLC vs LLP vs Partnership?

    Answered 9 months ago.

    1. Gavin Nathaniel Johnson
    2. Samuel Watson Eastman
    3. John Robert Pampell
    4. Matthew John Ley
    4 lawyer answers

    You're wise to seek consultation prior to setting up the new venture. Typically you don't want to set up as a partnership because there's is no limited liability shield that protects each partner individually. It generally will come down to whether you want to set up the company as an LLC or a corporation, and this depends on a few factors, including (among other things) whether you'll seek outside investment, and the individual tax consequences to the individual owners. I'd suggest sitting...

    2 lawyers agreed with this answer

  9. A Release and Indemnity Agreement

    Answered 12 months ago.

    1. Jared N Hawkins
    2. Gavin Nathaniel Johnson
    3. Benjamin T G Nivison
    3 lawyer answers

    I agree with the previous answer. It's hard to advise on your rights under the will (and other estate plan documents) without taking a look at the documents. It will depend on the scope of the release whether you are able to seek any additional inheritance. It'd be best to gather up all of the documents and sit down with an attorney before you sign anything. Depending on the size of the estate and your inheritance, you could be giving up a lot by signing the release.

    2 lawyers agreed with this answer

  10. How are "satisfied" & "completion" defined to determine when we must pay our contractor for kitchen remodeling?

    Answered over 1 year ago.

    1. Gavin Nathaniel Johnson
    2. Paul C Jorgensen
    3. Elizabeth C. Thompson
    3 lawyer answers

    I agree with the prior answers. If there's no written definition of "completion" and "satisfied" then those terms will likely be defined by the industry norms, i.e. how those terms are typically defined in an agreement for contractor services in the industry and location where the services are performed. It'd be wise to contact an attorney that is familiar with the industry to discuss your options for resolving this situation. You may be able to recoup your original $5,000, depending on the...

    2 lawyers agreed with this answer

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