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Do you know of any attorneys who specialize in employment and disability law: I am a disabled veteran as well as a federal gov't employee interested speaking to an attorney about filing a law suit

Asked almost 2 years ago in Employment

Diane’s answer: I would highly recommend you speak to Robert Harris, Esq of Harris Law Firm Group, 888-625-5330. You may use my name as the referring attorney if you like. They are very knowledgeable and have been doing discrimination and employment law for nearly 20 years.

Answered almost 2 years ago.

Can a corporation I own be dissolved by others who want to form a new corporation/-, and what would be my claim against them: 1. I am the registered legal owner of a corporation in Florida run solely by my son.
2. Though the business now has great financial potential, it had incurred large credit card debts over seven years , that are guaranteed by me, and he is delinquent in making even minimal payments .
3. He is resisting repayment of not only these cards , but also of a large ongoing personal financial debt to me, that I had made over the years, in order to finance this business, and he is threatening to dissolve the business.
4. If he does not pay the yearly corporation registration fee due next month, the corporation will automatically be dissolved. Can he request the company be dissolved?
5. Can he register the business in another name with a different owner, and leave me with all its d

Asked about 2 years ago in Corporate

Diane’s answer: It is often the case you will need to hire an attorney to help you address your legal rights and remedies, however, these forums are excellent to help clarify and focus some of the legal issues in your situation, in order to give some general answers.
My first question is: How did you set up the management of the company - does (did) your son as the manager have the authority to charge the amount of debt he has incurred?
The issue of the personal debt should be kept very separate from the corporate debt.
I'm not entirely sure what you mean by the "registered legal owner" of the corporation, but you should have the authority to renew the annual registration on sunbiz yourself and fire your son as the manager.
There are generally only two ways to dissolve a Florida corporation: By the Incorporators if the corporation hasn't issued any shares or has not starting to operate the business OR by vote of a majority of the shareholders of the corporation upon recommendation by the Board of Directors (or by written consent of the shareholders without any action by the Board of Directors.) So, did you issue shares? Are you the only shareholder, or are there others? At any time did you make your son a shareholder? Have you ever defined in writing the role and authority the manager would have?
If this is your business, and he has the authority to put the company in debt, you may want to step in now removing him as the manager to minimize any further damage. (if he didn't repay the personal loan, that could be an indication of what he will do with the business debt.)
A good business attorney can help you look at the company documents and structure, minimize further liability to you, put in future safeguards and advise you on the steps of a dissolution based on what your corporate structure is. I hope this was helpful and gives you some direction to move forward.

Answered about 2 years ago.

Can a Florida landlord hold a security deposit after a final walk through for unpaid utilities that are in the tenants name?: Our landlord emailed us saying they did the walk through and that the security deposit would be returned once they have evidence that the utilities have been paid. The utilities are in the tenants name and the final bills will be sent to us, the tenant. Is this legal to hold our deposit based on utilities? Our utilities are current and the utility companies have a deposit as well.

Asked over 2 years ago in Landlord & Tenant

Diane’s answer: The landlord may be concerned you won't pay the bill and the utility company will put a lien on the property for failure to pay.

How long after you vacated the premises did the landlord email you? Florida law requires the landlord to tell you in writing within 30 days if he is making a claim (and the notice has to comply with the statute). This is a portion of the statute: Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. Did the landlord comply wit the time requirement?

If the Landlord complied fully with the statutory requirements, once you have confirmation of the utility payment consider sending written proof to the landlord and demand return of the deposit within 5 days. If you do not get the deposit back you may have a claim against the landlord. I hope this helps.

Answered over 2 years ago.