Archived
I missed my court date in a civil trial(landlord tennant)so did the defendant, the case was dismissed, how do I reopen it? Utah.
Lincoln's answer
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Answered on January 13, 2012
You'll need to file a motion to set aside the dismissal; that needs to be done promptly. Look at Rule 60 of the Utah Rules of Civil Procedure.
Title to my Grandmothers house
Lincoln's answer
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Answered on January 13, 2012
I'm not licensed in Michigan, but I assume the usual property records exist there.
There's no document that you really need. The title will be...
Archived
What if the "consideration" is offered and accepted prior to the employer requiring the non-compete to be signed?
Lincoln's answer
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Answered on January 11, 2012
In many states, the courts will enforce a non-compete even without additional consideration, based upon the belief that at will employees have no...
Archived
Can an at-will state employee in Ohio file a case for wrongful termination if the termination was due to retaliation?
Lincoln's answer
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Answered on January 11, 2012
Although I am not licensed in Ohio, most states have a "public policy" exception to their at will status which allows employees to bring claims if...
Are there a minimum number of hours, per month that an employee has to work to be consider in the eyes of the IRS a W2 employee?
Lincoln's answer
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Answered on January 11, 2012
It's conceivable that a W2 employee could be scheduled to work one hour per month, but it seems strange. More information about why you are asking...
Archived
Separating when you own a home with your partner
Lincoln's answer
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Answered on January 10, 2012
He doesn't have the right to "not leave" and not buy you out, but you may need a court to get you out of your predicament. There are many issues...
Archived
Is it legal to file a lawsuit against a current employer so they can't fire you?
Lincoln's answer
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Answered on January 10, 2012
Filing a lawsuit will not protect you from getting fired. It may give you a reason to pursue additional claims against the employer for...
When a settlement is made in a civil suit and the party is given a certain amount of money, are they required to pay taxes on it
Lincoln's answer
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Answered on January 10, 2012
The answer to this depends on the nature of the underlying dispute, and whether or not the settlement is considered "wages" or "income." ...
Archived
I am suffering from a work related injury and my employer switched me from hourly to salary when I was put on light duty.
Lincoln's answer
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Answered on January 10, 2012
Your disability status should be irrelevant as to whether you are on salary or an hourly employee. Whether you are "exempt" (eligible for salary...
Archived
If I create an LLC where I am the manager before I am served a subpoena for monetary damages am I still covered by the LLC?
Lincoln's answer
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Answered on January 09, 2012
Assuming you are setting up the LLC to avoid the obligation, and assuming they are aggressive at all, it probably won't work, regardless of the...
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