I am a Power of Attorney for an Investor in a Restaurant,
I am a Power of Attorney for an Investor in a Restaurant , the restaurant is made up of 2 class A members and about 20 Class B members , Class A members hold 65 percent of the business split evenly between them and Class B the other 35 percent , My Client is a Class B member , basically a silent partner who holds 5 percent of Class B shares or 5 units , the Class B members raised the capital to bring to life the Class A members idea in hopes they can make a successful business out of The Class B investors Money and succeed themselves as majority shareholders.The Class A members formed a Management Company , which is compensated 5 percent of gross revenue, close to industry average , but are completely in charge of operations , staffing , design, advertising and marketing, Chef, Bar Manager , General Manager , payroll , bills , utilities complete overhead , rent , book-keeping , accounting , allocating all positions , basically the Management of the managers. The Management company is a separate entity. One of the Class A members and also 50 percent share holder of the Management Company is also the owner of the building of which the Restaurant operates out of and has drawn up a nice lease to help insure the success of the business.The Agreement / Contract was written as an accelerated payout to Class B investors or share holders , so until the initial total investment is paid back to the Class B share holders , 100 percent of any and all profits are distributed to the Class B members , the Class A members do not collect or get paid on any profit until Class B investors are paid back in full aside from the 5 percent of gross revenue their Management Company Collects on gross revenue win,lose or draw as agreed in the Agreement.It was recently brought to our attention that very little if any cash gets deposited into the bank or is even accounted for , a former X- Employee has said that any and all cash is paid to the staff for there work and tips which is distributed nightly. I always wondered why there was never any big cash deposits and when I had asked the Class A partners about cash , the answer was we are fine dinning establishment 95-98 percent of the people pay in credit card. Speaking to other friends who are Restaurant owners they all verified that 15-20 percent of any nights total revenue is cash. This brought me to deeper conversation with one of the Class A Members also one of the 50 Percent Owners of the Mgmt. Company which is complete control of running our business where does all this cash go...He was reluctant to tell me and said I can't give a lesson in running a restaurant to every investor , which is not what I was looking for but he proceeded to vaguely explain if industry average is 15-20 percent cash on a given night what would the tips be on that total revenue on that given night , knowing customary tipping is roughly 18 percent so his reply , there you have it....staff is tipped in cash makes for happier staff. EXCEPT when you have a disgruntled X-Employee claiming she and others were never tipped out the correct amount , they were paid under the fair minimum wage , they never received receipts for this so called cash they were given or for that matter a correct 1099 or given a 1099 at all, so I am hearing they are a few disgruntled Employees who are getting together to file a suit against the Restaurant the Management Company , building owner , Everyone. I mentioned this to one of the Class A investors and said if this should happen , cause there are MANY documented cases just like this would the responsibility fall on the Management Company since they were in charge of all decision making when it came to wages and in Charge of distributing wages and fully in charge of payroll. His answer was according to the Agreement /Contract the Management Company is held Harmless to any Lawsuits brought on the entity even a wage and hour case or a case involving the Fair Labor Act.I have a couple of questions in regards ***** ***** statement and chain of events .1) Would the Management Company be held liable for a case involving The Fair Labor Act or are they dismissed due to the held harmless Agreement in the original,contract?2)Can the come after the entire entity even though the Class B members had no idea or wasn't aware of how the Mgmt. Company was handling payroll?3)Can the individual investors Class B or Class A be named and/or be held Personally Liable for such a Lawsuit should the plaintiff have a case and win?4) Will the Class B Share Holders have to pay for legal counsel to defend a Labor case?5) Can they put a lien or a Judgement on the Business , the Class B share holders Stock or Hold them personally Liable , The Mgmt. company and Class A share holders and is it possible a lien on the building being it is owned by one of the Class A investors should they win a suit like this and a Judgement is presented for the amount rewarded if they file and qualify for Class Action
As A caretaker of a proprety I had been living and working
HiJA: Hello. What do you want help with?Customer: As A caretaker of a proprety I had been living and working there for about 3 and a half yearsJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: after been arrased and under minimum wage paid we find an attorney who is filing a claim for those wages,when my husband notify at the president of the club again about it she file a complaint against to him for threats disrespectful and treating the board saying that if necessary they will take legal actionJA: When we are ready I'll take you to the appropriate web page.Customer: we want to quit but We can Not move out right awayJA: Is the employment agreement "at will," union, full time or part time?Customer: at will I think full timeJA: Anything else you want the lawyer to know before I connect you?Customer: My main question is Can we excercise our rights as tenants after 3 years living in there under fair housing law even if is no rental contract involved
When a person admits to pay back money to a person to a
When a person admits to pay back money to a person to a police officer hold up in Court? I am in Dekalb County GA. I took to person to Criminal Court and the Judge indicated it was my counsel to prove the burden of proof. He was up for 7 Felonies at stole over $38,000 dollars from me and his lawyer got him off. Because we were dating, he indicated that it was gifts. Which they were not whatsoever! I am at my wits end. Do I have any recourse? He admitted to the police investigator he would pay me back. Do I have a leg to stand on?JA: What state is this in? And can you tell me a little more about the charge?Customer: Dekalb County GA, Theft my taking and fraudulent transactions with out my knowledge He made purchases on line by using my credit card number. He treated himself to lavish spending. All the While, I was working at the Mall for minimum wage. My spending habits in no way have ever been so foolish I hang on to every penny I work for. It is unfair that someone can ruin someones lively hood and get off scott free.JA: Has anything been filed or reported?Customer: Yes went to criminal hearing and 2 separate police reports in 2 countiesJA: Anything else you want the lawyer to know before I connect you?Customer: I Just want to know to I have any change of getting back any of the money he stole from me. Magistrate Court. And when confronted with the officer he said he would pay me back when the investigator went to question him. I have the police report
I have a question about online defamation and libel against
I have a question about online defamation and libel against me.JA: Because laws vary from place to place, can you tell me what state you're in?Customer: VirginiaJA: Has anything been filed or reported?Customer: I reported it to the school police officer who will be bringing in a detective tomorrow to further speak about the case. I am a teacher, and there have been false accounts impersonating me created, and graphic pornographic photos created (photoshopped) depicting me in homosexual acts with another male teacher. All claims and pictures and accounts created are totally false.JA: Anything else you want the lawyer to know before I connect you?Customer: After I resported the photos and fake accounts to Instagram, and Instagram took them down, the perpetrator created more accounts in order to further disseminate the photos and malicious content about me. Someone also connected my real account to a picture of said pornographic picture. Further harassment.
I have a diversion program agreement that says I need a
I have a diversion program agreement that says I need a valid license by a certain date, but seeing as I don't own a vehicle or drive at all, I'm wondering if there's any advice I could receive to help me with that.The reason my license is suspended in the first place is an overdue bill.
My daughter had worked for Goldfish swim school in
My daughter had worked for Goldfish swim school in Birmingham. She had a medical condition which kept her out of the pool for a week. When she called the general manager to tell her that she needed to be out of the water for a week, the manager told her she needed a detailed doctors note of why she couldn't be in the pool. I explained to my daughter that she can not ask any details due to HIPPA. When my daughter took the doctors note in, she tossed it back to her and said that it wasn't any good because it had no details. She did keep her out of the water reluctantly. Then there was an incident in August when my daughter signed up for college classes. All that was required is to show your schedule from the college, except for my daughter. The manager told her that she needed to bring in proof that her classes were paid for. Again, I told my daughter that she is not allowed to ask for these kind of things. So the manager took it upon herself to call the college and try to find out info on my daughter. Of course, they gave her no information. I called the owner of the company after this situation and let him know that she is discriminating and harassing her. He set up a meeting for the 3 of them, which my daughter said was a waste of time. Nothing was resolved. 3 days later the manager wrote my daughter up saying that the supervisor said that she didn''t follow teaching procedures. My daughter said she was not going to sign the write up until the supervisor came in and spoke with the 2 of them. When the supervisor was called, he admitted that he didn't see my daughter violate any policies, so the write up was invalid. So the next day, my daughter is called in and was told that she did not teach a full class because she ended the class at 7:29 not 7:30 and was given the chose of quitting or she was fired. My daughter was an example employee,( employee of the month, was spoke to about supervison) and all of a sudden was force to make a decision about her job. There is clear retaliation. So my daughter thought that it was better to quit than to be fired. So she reluctantly quit. I feel that this company has totally been unfair. Can you please advise if we should retain an attorney? Let me add, my daughter does have email and text messages regarding the above
I'm a nanny for a family part time while the father works as
I'm a nanny for a family part time while the father works as a pilot and the mom attends night school. Are they allowed to pay me less hourly when their two children are sleeping?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: CAJA: Is the employment agreement "at will," union, full time or part time?Customer: Part time, once a week on Tuesdays from 3 p.m. to 10:30 p.m.JA: Anything else you want the lawyer to know before I connect you?Customer: Am I entitled to overtime for hours I work with another family?
Wage garnishment. I'm a veteran. 78 yrs old and my wife had
Wage garnishment. I'm a veteran. 78 yrs old and my wife had an issue with credit cards in CA. in 2010 in CA. We contacted a consolidation company and thought this issue was settled. A judgement was issued in July 27, 2010 against her. Now, the collection attorneys is submitting collection paper work through her co., Marshalls of CA. An exemption paper form is included, but I do not know what it means.--Please adviseJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: I live in Phoenix, AZ now and California then.JA: Has anything been filed or reported?Customer: Yes, their file no.--09-28262-0, court case no. TEC10000948JA: Anything else you want the lawyer to know before I connect you?Customer: Our total income is social security and pensions.
I was convicted of vehicular manslaughter in 1990 in the
I was convicted of vehicular manslaughter in 1990 in the state of Michigan. I am 67 years old and would like to work and be productive. Every time I check the yes box regarding being convicted of a felony, I never receive a response. Case in point, I now live in Ohio and applied for a job at Kroger in Findlay, OH. This time I did not check that box. I was interviewed and hired based on my character and attributes. The background check came in after approx. 3 weeks after training and working, needless to say, I was dismissed. What I did was prove that I am still being discriminated against after 26 years. I can't have the conviction based on Michigan law. Do I have any options I can take?JA: What state is this in? And can you tell me a little more about the charge?Customer: It happened in Canton, MI. I was coming home from a pre-season football game. At approx. 2:00 am, a young man stumbled into the left turn lane, he was under the influence of drugs and alcaholJA: Has anything been filed or reported?Customer: I went through the court system. I had been drinking as well, so I was found guilty. Due to the circumstances of the case. The judge who handled the bench trial, sentenced me to 5 years probation and 1 year on a tether. My lawyer checked into the expunging and found that Michigan law would not remove the conviction from my record. It's been 26 years and I am still being punished. I did not go to prison and based on my probation officers recommendation I was removed from probation and the tether ahead of time by the judge.JA: Anything else you want the lawyer to know before I connect you?Customer: I live with this tragedy everyday of my life. I have not been in any trouble with the law all this time. I can't express how deeply I know that what happened affected a lot of people and am so sorry for all this. I paid my debt to society and would like to move on and be productive and feel good regarding my remorse. It just won't go away, I am a good man, understanding that bad things happen to good people, I just want to feel normal.