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Gavin Nathaniel Johnson
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Gavin Johnson’s Answers

130 total


  • I was recently fired from my family owned business,of which I also own shares in. Was also the victim of DV.

    My unemployment benefits have also been denied. Do I have any legal recourse?

    Gavin’s Answer

    To answer one part of your question, if you own shares in the company then you are entitled to certain shareholder rights. You should review any documentation you have, including bylaws or shareholder agreements, that detail your rights.

    If you intend to hold onto your shares, then you are entitled to the rights you received when you received the shares. For example, you may entitled to a percentage of profits and losses, dividends, etc. Even if there is no written agreement, there are certain statutory protections for shareholders that will protect your rights.

    You should really contact an attorney who can assist you with all the issues you are currently facing.

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  • If, as a small community social group, we get an EIN number just to open a checking account, what kind of impact would it have.

    we are a small residential community. We want to start a social group to have activities in our trailer park. Do we have to incorporate or file taxes if we open a checking account to keep track of our money?

    Gavin’s Answer

    It's not clear what your social group is intending to do. You are not required to incorporate. This is a choice you can make when you are forming an entity. One reason for forming a separate entity (LLC, corporation, etc.) is to limit liability. Depending on the "activities" you plan to organize, it may be wise to create an LLC to limit the "organizers" liability.

    You should consult with an attorney to see if your "small community social group" would benefit from forming a separate entity.

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  • Interpretation of non-compete agreement

    Dear Attorneys: I am consultant at company V which provides services and staff to its client (company C). I am accepting an offer from company C. Company V is upset about this and states that I am violating their non-compete agreement that I s...

    Gavin’s Answer

    • Selected as best answer

    I agree with the prior answer. To piggy-back on the back and forth comments with the prior answer: the employer would prefer that you don't go to work for a client that you were previously assigned to because you could go do the same work in-house for that client and your prior employer would lose that business. The non-compete agreement is used to keep you, the employee, from competing with the employer after employment is terminated. Whether the Client competes directly with your prior employer doesn't necessarily matter in this context.

    If you want a more thorough opinion on whether the non-compete agreement is valid and enforceable, you should consult with an attorney to review the exact terms of the agreement.

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  • How do I remove the other governing person from an LLC formed this year with no operating agreement as yet?

    There are only two governing persons - the other person and me.

    Gavin’s Answer

    • Selected as best answer

    The prior answer is correct, in the absence of an operating agreement (with specific provisions that govern these types of situations) Washington's LLC statutes will control. Depending on the circumstances there are multiple routes you can take to "remove" the other member of the LLC. You can offer to buy out his interest or you can dissolve the company. Depending on the other member's willingness to dissolve the company, you may be forced to seek a judicial dissolution, see http://apps.leg.wa.gov/rcw/default.aspx?cite=25.15.275 for the statute that governs this type of dissolution. Essentially, if it is not reasonably practicable to carry on the business or there is another equitable reason to dissolve the company, then you can seek a judicial dissolution and the courts can force the company to dissolve. Typically where there are two owners of a business that cannot agree how to run the business (i.e. a deadlock in management), you can force a dissolution of the company.

    The best route for you will depend on a variety of factors as well as the particular circumstances you are dealing with. You should consult a business attorney to discuss the particulars and see what your best options are. Good luck!

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  • How do I get compensated for getting sales to a LLC. How do I get compensated for helping close a deal(equity + % of contract)?

    I got the LLC it's biggest customer( like a Fortune 500 customer). The LLC is now trying to close the deal. I got no compensation for getting the customer. I would like to write up a equity and contract deal up front so that there are no issues on...

    Gavin’s Answer

    Are you an employee or a member of the LLC? It sounds like you are an employee, since you're asking for equity, i.e. to become a member of the LLC. In that case, do you have a written employment agreement, and does that agreement contain any commission percentage compensation for this type of scenario? If not, I would advise talking with your friend about drafting a written employment agreement to resolve the rights and obligations of his employees, including commission and other compensation-related issues. It's important to have these clearly spelled out early in the employment relationship so you can avoid issues such as the one you are experiencing now.

    As the prior answers indicate, it's difficult to negotiate compensation after the deal is essentially done. Your best bet is to approach your friend and discuss the situation with him. Let him know what you think is fair and then call a business attorney to assist drafting the necessary documents if he is willing to negotiate a commission.

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  • 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

    I gave him my hours and he said there was no way I worked that many hour and won't deduct them

    Gavin’s Answer

    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, then he may bring a suit against you, at which point it would be a good idea to consult with an attorney about representing you.

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  • I leased a car from Honda two days ago and signed the agreement, but I don`t like the deal can i walk from the deal?

    I paid $2200 as a down payment and paying $250 every month

    Gavin’s Answer

    It will all depend on the terms of the lease agreement. There should be specific clauses that detail how to terminate the contract and what consequences result from an early termination of the lease. There may be penalties for terminating the lease.

    If you're unsure what to do after reviewing the terms of the lease, you should consult with an attorney to inform you of your rights and obligations under the contract. Also, give the dealership a call and see if they're willing to work with you to return the car.

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  • I was recently let go by my company, . They said I signed a non compete and cannot work in the industry for 1 year

    I was their #1 salesperson, and they choose to let me go with no notice, never been written up for anything, and they only offered me a 5 day severance. I refused the severance and did not sign anything upon being terminatd. What are my options?...

    Gavin’s Answer

    I agree with Mr. Bundy. Also, depending on when you signed the non-compete it may be unenforceable. A Washington Supreme Court case, Labriola v. Pollard, held that some payment or tangible consideration must be provided by the employer at the time the non-compete is required of an employee. Therefore, if you were asked to sign the non-compete after you were already employed, and you didn't receive any tangible consideration from your employer in exchange for signing the non-compete, it may be unenforceable.

    The bottom line is that you should consult with an attorney to consider your options. As Mr. Bundy noted, gather up all the documentation you have that details your relationship with your prior employer. Every detail will be important when analyzing the enforceability of the non-compete.

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  • Is written agreement required before attorney can send you bills?

    I have visited several personal injury lawyers and shared information with them and have given copies of medical records but have not signed a written contract or fee agreement with any of them.....I was wondering if any of them can send me a bill...

    Gavin’s Answer

    I think the first place to start is by discussing the bill with the attorney(s) that sent it to you. Most attorneys will be more than willing to discuss the bill, as well as their representation (or lack thereof) of you.

    Most, if not all, attorneys I know use written fee agreements when they are engaged to represent a client. Fees must be reasonable and communicated to the client (preferably in writing) before or within a reasonable time after commencing the representation of the client. As I noted above, you should discuss this with the attorney that sent you the bill.

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  • How do i find help to collect a small claims lawsuit i was awarded last year for $5,039.00

    need attorney to collect on a judgement for me i won over a year ago i hired mike ramsey out of gig harbor WA last September and he has done nothing for me to collect on this so i am in need of another attorney that does this kind of legal work t...

    Gavin’s Answer

    I'd be happy to learn more about your situation and let you know if my firm can assist you in collecting your judgment. You can call me at (206) 745-5229, or email me at gavin@invigorlaw.com.

    www.invigorlaw.com

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