Is it possible to hire attorney on limited scope basis for motion to quash service summons hearing?: I have a motion to quash service of summons hearing coming up shortly, that I initiated. I have submitted the motion and all relevant documentation, etc. I would like to work with an attorney on a limited basis to represent me at this hearing, which can be done remotely and is usually a short appearance. This is for a limited civil case.
Robert’s answer: It is possible to hire attorney on limited scope basis for motion to quash service summons hearing. Please don't expect an attorney to represent you, even in a limited-scope, without thoroughly evaluating your documents and circumstances.
Is my spouse's business community property, and does car title decide who keeps the car?: My spouse runs a small business she started during the marriage. Could it count as community property, and would its income affect support? We each have a car titled in our own name, so does the title decide who keeps it?
Robert’s answer: Both the business and automobiles may be community property depending on the situation. There are other factors that need to be evaluated to make a determination. Unfortunately, you cannot get a definitive decision on a free online Q and A. My best to you. Rob Kane California Family Law Attorney.
Do I have to pay an employee if they volunteered to not take a salary?: I am the sole stockholder of a small S corp based in Minneapolis, MN. I am not currently taking a salary because revenue has decreased. In August, my only employee, a salaried VP offered to forgo his salary until revenue improves. His offer was unsolicited and completely voluntary. I do not have this in writing (but could probably get it) and back pay was not discussed. I did not pay him in August and September. Am I legally required to pay him his salary? And do I need to pay him back pay for the month of August and September? Can you please clarify the legal requirements and steps I should take.
Robert’s answer: A comprehensive evaluation of the situation is required, but the employee (VP) is likely owed his salary. Your willingness, as the sole owner, to forgo a salary explains the situation, but doesn't support not paying employee(s.) Likewise, a verbal, unsolicited offer to work for free probably won't carry much weight. My best to you and your business. Rob Kane Minnesota Business Attorney.