Archived
1099 or W-2? How should a bonus be documented when given 2 years after end of employment & employee with different employer?
Dana's answer
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Answered on December 13, 2013
I agree with my colleagues. The bonus is being paid because of an employment relationship, even though that relationship has ended.
Archived
Do I have to return a hold deposit if the buyer changes they're mind
Dana's answer
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Answered on December 12, 2013
If there is a written agreement, it should state what the parties' rights and obligations concerning the deposit are.
However, reading between...
Archived
I want to issue my Brazilian employee equity, can I do that?
Dana's answer
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Answered on December 12, 2013
I agree with Attorney Doland:
Issuing equity to a foreign employee is like issuing equity to a US employee.
However, one would need to know...
Archived
10 day letter to rescind auto contract certified mail post marked 13 days after signing, is this still legal?
Dana's answer
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Answered on December 12, 2013
I agree with my colleagues.
Archived
Is it legal for a Private business to deny cash payments?
Dana's answer
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Answered on December 12, 2013
Yes.
Archived
Is there a general template somewhere to remove a managing member?
Dana's answer
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Answered on December 11, 2013
My colleagues have pointed out that an Operating Agreement needs to be created or amended. However, there is a more fundamental issue:
If the...
Archived
Is it legal to place after training interns for 2-3 months contract on 1099 rather than have them on W-2?
Dana's answer
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Answered on December 11, 2013
It is impossible to provide a definitive answer based on the limited information you have provided because proper classification (employee or...
Archived
Buying out fellow member's interest in LLC - assignment agreement or purchase agreement?
Dana's answer
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Answered on December 11, 2013
I believe that, traditionally, most business lawyers would use a purchase-and-sale agreement for the transfer of an equity interest.
However, so...
Archived
A client of mine didn't pay me for 3 months, then cancelled my contract. Do I own the work I did for them and how can I collect?
Dana's answer
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Answered on December 11, 2013
1. Based on the facts that you have presented, it appears that you are entitled to payment and that the client is entitled to the work product (a...
Archived
Are there any restrictions on a Professional Corporation being a partner in a Limited Liability Partnership for accountants?
Dana's answer
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Answered on December 11, 2013
The relevant definitions are set forth in Corporations Code Section 16101 (link below).
Subsection (9) states that a partnership (including a...
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