Skip to main content
Alexander Patton Montgomery

Alexander Montgomery’s Answers

58 total

  • What do I need to do to legally start a small auto repair business from my home?

    I am a mechanic and want to start my own side business to supplement my income.

    Alexander’s Answer

    My colleagues have done an excellent job identifying the most important legal considerations related to starting a business. As they have stated, one of your first decisions is determining which type of business entity to form, filing the appropriate paperwork with the Secretary of State, and getting an EIN. Also, as was mentioned before, the service contract you provide your customers is very important. You'll want to have an attorney draft that document for you so it protects your interests.

    I would only add that you may want to speak with an attorney about selecting a business name that is legally strong if you decide to register your name as a trademark in the future. This is especially important if you will be operating a website. Also, if you get to the point where you may be hiring employees, you may want to consider having them sign a non-compete agreement so that they do not leave your company and start their own competing business down the street.

    I operate a website that has several articles related to virtually every legal aspect of forming a new business. We also offer a free legal survey to identify what services you may need. I've placed a link to that below if you feel it may be helpful to you.

    Best of luck!

    Alexander Montgomery
    Cornetet, Meyer, Rush & Kirzner, Co., LPA
    Cincinnati, Ohio

    See question 
  • Can I ask my former employer to take my picture off the company's website?

    Hi. The company that I used to work for took a picture of me and posted on the website when I was still working there. Now that I have left the company, do I have the legal right to request them to take my picture off? There's nothing like a writt...

    Alexander’s Answer

    It would depend upon the specific facts and circumstances surrounding this picture, but in general Ohio's right of publicity law prohibits the use of an individual's persona for a commercial purpose without that person's written consent (see Ohio Revised Code 2741 et seq. below). An attorney would need to review the picture and ask further questions, but its possible you may use this law to force your employer to remove the picture and, possibly, seek damages related to its use.

    As to the copyright of the photograph, it belongs to the photographer. If the photographer was an employee of the company, the company owns the copyright in the photograph, even if the photograph is of you. However, the right of publicity law I discussed above will usually protect you from the unauthorized use of your likeness.

    If your are truly concerned about the use of this photograph, you should contact an intellectual property law attorney to assist you in getting it taken down. Best of luck!

    Alexander P. Montgomery
    Cornetet, Meyer, Rush & Kirzner
    Cincinnati, Ohio

    See question 
  • Can I be fired from my job without evidence??

    My sister is a manager at Taco Bell. she had dropped money into the safe that night when they closed. The next day the opening manager came in and said $200 was missing. The main manager had watched the video and did NOT see my sister take any mon...

    Alexander’s Answer

    • Selected as best answer

    The default rule in Ohio is that every employment relationship is "at-will." This means an employer may terminate an employee at any time, with or without notice, for any reason as long as that reason is not unlawful. An unlawful reason would include termination due to race, color, national origin, religion, gender, age, disability, etc. An employee, in turn, may leave his or her employment at any time, with or without prior notice to the employer.

    Unless your sister had an employment contract, her employment was probably "at-will." Therefore, her employer could have fired her at any time, even if she had truly not taken any money from the register. Further, termination based on a suspicion of stealing does not appear to be a basis for unlawful termination because, from the facts presented, it does not seem to be based upon any of the above factors.

    If you feel you have been wrongfully discriminated against due to one of the factors listed above, you should contact an employment attorney. If not, however, it appears your sister's termination was legal.

    Alexander Montgomery
    Cornetet, Meyer, Rush & Kirzner
    www.cmrklaw.com

    See question 
  • Is it legal in ohio for a temp staffing agency to cut your hourly pay to minimum wage if you are terminated?

    I was hired to work at 9.00 dollars an hour. When I was terminated I was only payed minimum wage

    Alexander’s Answer

    Do you mean that your employer changed your agreed upon wage for hours you had already worked? This is not permissible.

    In general, if you were an at-will employee, you are entitled to the wages and benefits you have earned at the agreed upon rate. Therefore, absent some employment contract, a prior notice that your wages were going to be reduced, or some faithless conduct on your part, you should be entitled to the full amount of wages that you earned prior to the time you quit. It is likely that various state or federal employment statutes come into play here also. Of course, there are many factors that need to be considered, so you should consult an attorney.

    Alexander Montgomery
    Cornetet, Meyer, Rush & Kirzner
    www.cmrklaw.com

    See question 
  • My boss, whom is a close friend, fired me because of pressure by other employees, because of favortism. Is that legal?

    My boss, a close friend, fired me because he said I had to many things going on. "The Things" referred to different days off because I was in the hospital or sick. Borrowing money here there. I would borrow from someone and them back. I borro...

    Alexander’s Answer

    The default rule in Ohio is that every employment relationship is "at-will." This means your employer may terminate you at any time, with or without notice, for any reason as long as that reason is not unlawful. An unlawful reason would include termination due to race, color, national origin, religion, gender, age, disability, etc. You, in turn, may leave your employment at any time, with or without prior notice to your employer.

    Unless you had an employment contract, your employment was probably "at-will." Therefore, your employer could have fired you at any time, even if you had not taken any days off or borrowed money. Further, termination based upon your employer's concern for workplace morale appears to be a lawful reason for termination unless it was based upon any of the above factors.

    If you feel you have been wrongfully discriminated against due to one of the factors listed above, you should contact an employment attorney. If not, however, it appears your termination was legal. Best of luck.

    Alexander Montgomery
    Cornetet, Meyer, Rush & Kirzner
    www.cmrklaw.com

    See question 
  • I posted a picture on Instagram of me and taylor swift and the photo was shown on e news and people.com without my permission.

    Is there any way I could get any compensation for my pictures?

    Alexander’s Answer

    I completely agree with my fellow attorneys. I would only add that Instagram's Terms of Service give Instagram certain rights to use your photographs. For example, Instagram's Terms state:

    "By displaying or publishing ("posting") any Content on or through the Instagram Services, you hereby grant to Instagram a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such Content, including without limitation distributing part or all of the Site in any media formats through any media channels, except Content not shared publicly ("private") will not be distributed outside the Instagram Services."

    This is a rather broad license and its possible that it applies to your situation. However, like my colleague stated, any rights in the photograph belong to the photographer. Unfortunately, it does not appear that you have any claim.

    Alexander Montgomery
    Cornetet, Meyer, Rush & Kirzner
    www.cmrklaw.com

    See question 
  • How can I sue a company in the state of Florida that is using our trade marks and name?

    I currently own a business that does cellphone and computer repairs in miami florida. Our business name and logo have been trademark by USPTO a few years ago and still active. We recently discovered that a business in our market is using our same ...

    Alexander’s Answer

    You need to hire a trademark attorney who can go over the specific facts with you and prepare a complaint to be filed with the appropriate court. The fact that your mark is registered with the USPTO is a very good thing. This is a prerequisite to filing a trademark infringement suit (and has several other advantages). Whether or not you have a claim for trademark dilution will depend upon whether your mark is considered "famous."

    From what you have presented, it sounds like you have a strong case against the other party for infringing upon your trademark. However, representing yourself, in federal court, in a trademark infringement suit is NOT something you want to do pro se. Consult with an experienced trademark attorney who can guide you through the process and assure your interests are vigorously represented and protected.

    Alexander Montgomery
    Cornetet, Meyer, Rush & Kirzner
    www.cmrklaw.com

    See question 
  • My wife is graphic designer and works part time 26 hrs and has a fixed salary. She does not get paid OT that she works.

    Her contract with her work states that she works 26 hrs. She does not get paid for her OT. Is she considered nonexempt since she's part time and be paid for the OT she works?

    Alexander’s Answer

    Overtime is only required for nonexempt employees who work more than 40 hours in a workweek. If your wife is only working 26 hours a work, she will not qualify for overtime. However, even if she was working more than 40 hours per week, she would probably fall under the "creative professional" employee exemption. Under this exemption, overtime is not required for an employee compensated at least $455 per week, on a salary basis, whose primary duty is "the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor." I've attached a helpful link describing the FLSA exemptions below. I hope this helps.

    Alexander Montgomery
    Cornetet, Meyer, Rush & Kirzner
    Cincinnati, Ohio
    www.cmrklaw.com

    See question 
  • I quit my job without notice and my company reduced my pay for the hours I already worked. Is that legal?

    I turned in my uniform and my work wanted to have me sign a paper to lower my wage. I said no, and they said they would do it anyway. I threated legal action, and they said "okay."

    Alexander’s Answer

    In short, no it's not legal. In general, if you were an at-will employee, you are free to quit at any time and are entitled to the wages and benefits you already earned at the agreed upon rate. Therefore, absent some employment contract, a prior notice that your wages were going to be reduced, or some faithless conduct on your part, you should be entitled to the full amount of wages that you earned prior to the time you quit. Of course, the specific facts need to be considered and various state or federal laws may be involved, so you should consult an employment attorney if you are in fact paid at a reduced rate. Best of luck.

    Alexander Montgomery
    Cornetet, Meyer, Rush & Kirzner
    Cincinnati, Ohio
    www.cmrklaw.com

    See question 
  • Can I be fired for entering wrong vacation times for myself?

    I was recently fired for, as iI was told, falsifying my vacation time records. I was told I entered the wrong times for vacation I used and was paid for it. It was not done intentionally as times are entered manually in a payroll system when you u...

    Alexander’s Answer

    I am sorry to hear that you lost your job.

    The default rule in Ohio is that every employment relationship is "at-will." This means your employer may terminate you at any time, with or without notice, for any reason as long as that reason is not unlawful. An unlawful reason would include termination due to race, color, national origin, religion, gender, age, disability, etc. You, in turn, may leave your employment at any time, with or without prior notice to your employer.

    Unless you had an employment contract, your employment was probably "at-will." Therefore, your employer could have fired you at any time, even if you had entered your times correctly. Further, termination for improperly entering vacation time appears to be a lawful reason for termination because it is not based upon any of the above factors.

    If you feel you have been wrongfully discriminated against due to one of the factors listed above, you should contact an employment attorney. If not, however, it appears your termination was legal.

    Alexander Montgomery
    Cornetet, Meyer, Rush & Kirzner
    www.cmrklaw.com

    See question