Gavin Nathaniel Johnson’s Answers

Gavin Nathaniel Johnson

Seattle Business Attorney.

Contributor Level 12
  1. Is an email correspondence with a potential employer a contract?

    Answered over 1 year ago.

    1. Alexander J. Higgins
    2. Gavin Nathaniel Johnson
    3. Alan James Brinkmeier
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

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

    Answered about 2 years ago.

    1. Gavin Nathaniel Johnson
    2. Thomas Martin Morningstar
    2 lawyer answers

    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...

    2 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. John L Comstock
    2. Gavin Nathaniel Johnson
    3. Harry N. Konst
    3 lawyer answers

    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-...

    2 lawyers agreed with this answer

  4. 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?

    Answered over 2 years ago.

    1. Kevin Terry Steinacker
    2. Gavin Nathaniel Johnson
    2 lawyer answers

    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...

    2 lawyers agreed with this answer

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

    Answered over 2 years ago.

    1. Howard Eugene Bundy
    2. Gavin Nathaniel Johnson
    3. Raphael Samuel Moore
    3 lawyer answers

    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...

    2 lawyers agreed with this answer

  6. Two weeks termination notice is required in writing by contract, but was not given, am i entitled to the two weeks pay.

    Answered over 2 years ago.

    1. Jared N Hawkins
    2. Gavin Nathaniel Johnson
    3. Alexander J. Higgins
    4. Joel Phillip Nichols
    4 lawyer answers

    I agree with the previous answer, and would add that you should consult with an attorney to review the rest of the employment agreement just to be sure there aren't any provisions that allow the employer to terminate, effective immediately, under certain circumstances. If there isn't any such provision, then it sounds like you have a legitimate claim to receive the two week pay and if your employer doesn't pay, then he is in breach of the employment agreement and you can sue for damages that...

    2 lawyers agreed with this answer

  7. Can you physically have and be running a LLC in one state for example WA State and then have a physical business in CA?

    Answered over 2 years ago.

    1. Gavin Nathaniel Johnson
    2. Robert A. Stumpf
    2 lawyer answers

    Mr. Stumpf is correct. If you're "doing business" in a state other than your "home" state, i.e. the state where you formed the business, you will almost always have to register with that state's Secretary of State. "Doing business" usually requires some sort of on-going business within the state, e.g. opening a store there. If you're question is getting at whether you will need to create an entirely separate entity to do business in another state, the answer is no. Your WA LLC can conduct...

    2 lawyers agreed with this answer

  8. Is this fraud?

    Answered over 2 years ago.

    1. Gavin Nathaniel Johnson
    2. Pamela Koslyn
    3. Thomas Martin Morningstar
    4. John Ryan Charles Burt
    4 lawyer answers

    Ms. Koslyn is correct here. You need to review your company operating agreement to determine what decisions require a vote (or at least consent) of more than one member or manager. Is the company member-mangaged or manager-managed? What decisions require approval by more than one member/manager? Is there a dollar amount threshold for loans that require a majority (or unanimous) vote to approve? The answer to these questions should be included in your operating agreement. Depending on the...

    2 lawyers agreed with this answer

  9. Warranty Issue

    Answered about 3 years ago.

    1. Jared N Hawkins
    2. Gavin Nathaniel Johnson
    2 lawyer answers

    Do you have anything in writing related to the 5 year warranty? It would be a good place to start by reviewing the original invoice or agreement between the previous owner and the shop. If you don't have anything in writing, it may prove difficult to try and seek any remedy. As discussed above, warranties can be non-transferable. If this is the case, the warranty would only apply to the previous owner. Carefully review the terms of the warranty then consult an attorney if you need further...

    2 lawyers agreed with this answer

  10. What is the legal classification for a rice wine similar to sake in Seattle? What facility does it need to be made in?

    Answered about 3 years ago.

    1. Gavin Nathaniel Johnson
    2. Richard W Beck
    2 lawyer answers

    In order to adequately address your problem, I'd need additional information. Classification of beer and wine in Washington depends largely on the percent of alcohol per volume. To be classified as "wine," generally your product cannot exceed 24% of alcohol per volume. You can see additional information about statutory definitions of alcoholic beverages in Washington here (http://apps.leg.wa.gov/rcw/default.aspx?cite=66.04.010). If the rice wine you produce exceeds 24% of alcohol per volume, it...

    2 lawyers agreed with this answer

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