Ask MetaFilter questions tagged with Business and legal

Website ownership - who can get sued?

cavs33 — Fri, 07 Dec 2012 05:59:19 -0800

Building (and purchasing) a website for a friend's company in Africa - am I legally responsible if his company gets sued for something unrelated to the site? I have a friend in Tanzania who is starting a business, and I offered to help him build his website. It is a lot cheaper and easier for me to purchase the domain name here in the US, as well as the hosting fees once the site is up (he is going to pay me back). I'm not worried about the money. He is not very techincally inclined with that sort of stuff, so I have no problem doing it. I assume that I would have to put my name as the owner of the website because I am using my credit card. I am planning on using the privacy guard thing s omy name isn't publically on the website, but I know that a court can still request the real owner.

The company will be a trekking company - he is a guide on Kilimanjaro. He has a few clients now on his own, and is looking to expand.

My question is: If something happens, and he and his company gets sued, can they come after me as well because the website is in my name? (i.e. should I seek Legal advice for it?)

I wouldn't think so, but I wanted to make sure I am in the clear before I buy anything. Should I have him sign something (and would that even hold up legally in court?)

Co-Founder Insists On Employment Contract

Anonymous — Tue, 31 Jul 2012 07:15:29 -0800

There are three of us who are starting a business next year and one of my future co-founders is insisting that everyone signs an employment contract stipulating that we stay at the company for at least three years. Contract violations haven't been discussed yet - the contract hasn't been written yet - but a hefty fine is likely. Is this type of contract common between co-founders? What other risks should I be aware of before/if signing this? Also, I've already signed a nonsense NDA that prevents me from discussing "the details communicated during the meeting at [DATE]" where details = the most generic business talk imaginable. This contract business just adds to the bizarro pseudo legal games, distrust and weirdness that I'm experiencing.

How to protect idea for database and apps after showing it to someone?

brynnwood — Tue, 10 Jul 2012 02:51:33 -0800

I sent a video outlining an idea I came up with for a DB and series of apps to a contact I made at a big org. I received a terse reply that appeared to be claiming the idea as theirs. What is the best way to respond? In the last month I was invited to attend a brainstorming session for a large organization on a narrow aspect of their business. While I was there, and a bit bored, I had an idea that I believed would be huge for their business, but was off topic of the symposium. I wrote the idea down during the conference and shared it with my colleague, who attended with me. I also mentioned the idea in rough outline to a couple of people in their org , including one very senior person, their President of Digital Stuff, whom I talked to during one of the breaks. They were interested and in one case really enthusiastic, That's a big idea!

The idea is for an opt-in database and series of apps. More than apps, though, the building of this database is the basis for new relationships with this company with retailers and a stream of revenue in its own right.

I decided to made a short video, teeing up the problem this organization faces, and a set of proposed solutions I devised with my colleague, and send it to the senior guy I'd met and one other person there. I didn't provide them all of the answers, but undoubtedly gave a lot of the idea away in what I sent. I did it because I believed those I sent it to would respect the idea's provenance and would lead to a conversation between us about how the company I work for could help them build this. I was probably really naive.

I received a terse reply that said. "Thanks for reaching out. Certainly an area we're working on." No more.

Is there any reply I can send that indicates that I consider what I sent my intellectual property? What is the proper response to a rebuff such as I received? Of course, I have no way of knowing whether they had been working on a parallel set of tools, though no one I spoke to at the conference indicated that.

tech start up concerns

slipperywhenwet — Mon, 04 Jun 2012 19:57:15 -0800

What should I look for in an employment contract for new startup? I'm in Toronto. I've been working for a small tech startup since fall last year. The company's bread and butter is software, but I've been heading up a new hardware project. I believe the plan is to eventually spin this hardware project off as a separate division.

We just finished applying for the communitech Hyperdrive accelerator program and we've already file a couple of provisional patents on the work I've been doing the past 6 months, but at the moment this project is not in any way a separate business and hasn't brought any money in.

We're getting to the point where I'm going to assign the IP formally to the parent company and I've mentioned in a friendly way that I'm only comfortable signing over IP once I also have an employment contract in front of me to sign.

For the most part I'm happy with a boiler plate employment contract, although there are a couple of small tweaks I'd like to suggest. One thing that will be an issue is my stake in the company -- I'm basically getting paid peanuts right now, with the understanding that I'll get a stake in the company. Most of the material I've been able to find on employee stock options is very U.S. / silicon valley oriented and I'm not sure how well it translates to Ontario/Canada. There seem to be some fairly esoteric tax implications that are regularly discussed in the US context. I haven't yet found anything that covers a Canadian/Ontario context.

What other things are worth thinking about?
Recommendations for good resources, particularly in the Ontario/Canada context?

Can I sue a freight forwarder for loss of future business?

PSB — Thu, 17 May 2012 05:44:49 -0800

My company lost its largest customer due to a freight forwarder screwing up and delivering an order a month late. Can I sue the freight company? The order was worth well over $100,000. In addition, this customer is a regular buyer with a track record of steady large orders totaling about $400k in the past year.

I hired a new freight forwarder to get the product from the factory in China to the customer's warehouse in Chicago, and due to a series of documentation problems (their fault completely; they had no idea how to do export docs, even though they promised me the world), the last order was a month late. The customer has already fired me.

Is there any kind of case here to sue the forwarder for loss of trade or business? I'm in Wisconsin.

If it means anything, the customer and I are friendly... it's just a business thing. He would definitely provide information to verify the volume of business I've lost.

Eye on the prize.

humboldt32 — Tue, 27 Mar 2012 14:36:46 -0800

How to get back into a productive headspace after business legal issues. We recently started a business and have been open for 3 week. Yesterday we were presented with some legal concerns. We, the 4 partners, now feel a bit sheepish for treating this cavalierly in the planning stages. You get the idea, it's a bummer we weren't expecting.

I prefer not to go into too many details. We are meeting with a lawyer, probably a second. My question here isn't of that nature. Rather, how do we shed the bad feelings and move on?

Many thanks for your adivce.

How do I obtain a license to publish another company's old, non-monetized software?

Lakmir — Sat, 03 Dec 2011 11:19:28 -0800

I'm interested in obtaining a license to distribute a modified version of someone else's software from a large multinational corporation. How would I go about doing this? What sort of contracts would I need, who should I contact, and how can I ensure that I get the best deal? Some details: The software in question is part of a larger IP umbrella that has not made the rights holder (Capcom Co Ltd or some subsidiary thereof) any money in at least six or seven years. In fact, this particular title has not been published by the current rights holder; it was transferred to them as part of a large corporate sale in 1999. Further, it was only ever published in Japan.

I am, of course, just one person, and it's kind of intimidating to approach a corporate giant of Capcom's size with a business proposition that might not even make them all that much money. At least at base, my proposal would be to offer to handle all of the publication, advertisement, and distribution details while paying a royalty for each sale - essentially, risk-free money. If they're worried about it flopping their name need not be mentioned except buried in whatever licensing legalese has to be included with each copy.

I guess I'm just feeling really overwhelmed by the scope of this, and I don't really know how to approach it. I want to develop a definite plan of action before I make any rash/drastic phone calls, but I also don't want to let my fear of this get the best of me. Help!

Company is giving me only 17 days to use a voucher that they normally give 12 months for

ogunther — Thu, 27 Oct 2011 17:53:04 -0800

Is there a specific length of time companies have to honor their rebates/vouchers for if a time period is not specified in their advertising? There is a company which I do business with a few times a year. They are a production company specializing in one-off fabrication. They offer multiple different types of fabrication including lasercutting, cnc & 3d printing. I pay them a fee each month for a type of membership which enables me to get free shipping and reduced production costs on any orders I place. Since I place such few orders, the savings from this monthly membership is pretty much zero, however from time to time, they will put on promotions encouraging people to use their fabrication services. Since money is tight, I tend to wait for these opportunities to use their service to maximize my savings.

Recently, they had two promotions running at once, quoted directly from their marketing email:

Friendly reminder: You've got just 2 days left to grab our survey results special offer!

Get 30% off laser cutting (making & materials) when you use coupon code ZMKGZK

Get a FREE $25 making voucher when you spend $25 on 3D printing or CNC routing. Put 25forME in the special shipping instructions.

Offers end October 21, 2011. $25 CNC/3D printing order does not include shipping.

This was the entirety of the print for this offer; no asterisks and no links to find out additional details.

Since I had a project I'd been working on that needed both laser cutting and CNC work, I went ahead and placed my order. I also had some vouchers I was redeeming with the order as well (for a total of $75 off) that I had already clarified with them could be used in conjunction with other promotions.

After placing my order, I was informed that I was not eligible for the first offer (Get 30% off laser cutting) because my membership rates already gave me a higher percentage off. While I suspected that this might be the case, I was still a bit perturbed because there was no indication on the sales material (and no fine print in my membership that I am aware of) that indicated the 30% wouldn't be taken off of the rate I qualify for as a member.

Even still I did not make a fuss and instead asked them if they couldn't indicate in future promotions which offers are valid for members and which are just valid for the general public. I was content to know that I would still be getting the $25 voucher.

Well fast forward to today (about a week later) and I received the voucher via email. The voucher is only good for 17 days! All the previous vouchers I've received from them have been good for one year from the date of the qualifying order. I had assumed (yes I know shame on me) that this voucher would offer the same deadline since there was no indication to the contrary.

So this long winded explanation brings me to my question: Can companies arbitrarily put any deadline they want on their promotions AFTER you qualify for them? Basically: Is this legal?

I should mention they are based outside of the US but the hub I order from is located in California.

Thanks Metafilter and sorry for the long explanation.

Protection vs. patent trolls?

aramaic — Fri, 21 Oct 2011 10:02:58 -0800

How might one structure a company for maximum resilience against patent trolls? YANML.

Is it possible to develop a corporate structure that would let elements of the company survive, or even entirely ignore, an attack by someone like Lodsys/IV? The idea would not be to survive legitimate patent attacks, but rather to structure the organization such that it's a very "hard target" and thus not worth suing for troll purposes. It seems like this should be possible.

Let me re-emphasize: the idea is not to ignore genuine patent suits, but rather to be so obviously expensive to successfully sue that scumbags like Myhrvold look elsewhere for their next extortion target because the cost/benefit ratio just isn't there for them.

If it helps, assume the primary (but not only) target market for this company is the US, and that it does not presently exist. You can also assume familiarity with Nolo-book level concepts, as well as prior-but-not-useful posts on similar topics (e.g.). And, seriously, not interested in "well just don't steal!" answers. Assume good faith on the part of the operators, who just want to avoid being sued because they use the internet. Again: protection from trolls is the attribute being sought, not some kind of fake legal immunity. All locks can be broken, I know.

Relative protection from trolls; the hardest target on the block, so that they go bust up someone else instead. That's all.

Freelancers: I recently "finished" a contract but feel hazzy about how it is ending. Please advise.

servix — Mon, 27 Jun 2011 18:02:18 -0800

Freelancers: I recently "finished" a contract but feel hazzy about how it is ending. Please advise. I secured a contract to do an e-commerce website for a local business. I required half the payment up-front to start the development.

At the end of the first milestone I presented the client with the website. He wasn't happy with the software, but liked the design and wanted to go with a different solution. He then paid the remaining amount. I switched the site to the new software.

Part of the contract was doing "SEO" / "Search Engine Optimization". After optimizing for several keywords, he started to receive image take-down notices from competing business (he supplied me with stolen images). He demanding I take the website offline. I complied with his request. Subsequently his SEO rankings have dropped as a result.

I have followed up in regards to this via email to let him know that should he wish to retain rankings, he will need to re-enable his website before all his pages are dropped from the search engines. If he doesn't do this within X time I can't guarantee his rankings and he would be responsible for finding another SEO provider / contracting me all over again.

According to our contract, I am "done" but he signed "TBB" next to the SEO section with his initials. Do I need him to sign this differently? I have a feeling he won't now as his rankings dropped (as a result of his choice to take his website offline)....

I have sent him the login credentials for his new website software, informed him multiple times in regards to the SEO effect as a result of his choice and have offered to shedule a meeting with him to discuss the current status of his website.

He has emailed me back a few times, but only to send me images he wished to replace on the site - never to re-enable the site or discuss his SEO ranking or even "turning it back online".

My question is this --

Have I done everything I can "in good faith" in this situation? Do I need to get him to sign the part of the contract he marked "TBD" even though he signed his initials it was completed?

Starting a private limited company with a bank account in the UK

asymptotic — Tue, 21 Jun 2011 05:41:51 -0800

How do I start a new private limited company in the UK and then start a new business banking account for it? I find myself needing to start a new private limited company in the UK and then setting up a new business banking account for it. I've attempted to read around the subject and get a feel for every single obligation that a private limited company has once it's incorporated but I finding it very difficult to determine this.

For example, I'm basically happy that there are companies such as Jordans which will file a lot of the required paperwork for you and then you'll "magically" have a new company. This doesn't put me at ease, because I still have no idea what the monthly, quarterly, and annual obligations of being part of a private limited company are, let alone how to start a bank account for it.

I am not looking for single-link answers which point me at Companies House; of course I've looked at Companies House, and it is not that useful. Far more useful for me has been Businesslink.gov.uk, but the total set of obligations owed by a private limited company seem to be dispersed all over the website and I can't form a cohesive picture in my head of what is needed.

Help! Put yourself in my shoes. Ideally I'd like a bullet-point list, or a way of building up a bullet-point list, of every single phone call and form I need to fill out for the next 12 months that will result in me having a legal and legitimate private limited company. Thanks.

How much questioning should I expect from Canadian officials regarding the purpose of an upcoming business trip?

jeremias — Mon, 29 Nov 2010 09:39:09 -0800

I will be traveling to Toronto, Canada on business. How much questioning should I expect from Canadian officials regarding the purpose of my visit? I occasionally do trainings for work and many years ago I recall visiting Toronto on business and getting pulled aside for questioning. Apparently Canada had (still has?) regulations that restrict the type of work visitors may do, especially if a Canadian resident can do the same work.

It so happens that my line of work is fairly specialized, so it would be relatively unusual to find someone to do the training. So my question boils down to: is this still an issue these days and if so are there any ways to turn this into less of a hassle?

Am I being slandered?

PSB — Sun, 10 Oct 2010 17:53:56 -0800

I own a company in Wisconsin that manufactures items in China. Another company here in Wisconsin has been telling my Chinese vendors not to work with me, via emails and instant messenger chats. The other company originally found out that I was doing projects with these vendors by telling them that I worked for them and that they needed status updates on the projects I was working on. Sneaky.

The other company was using these vendors before me, but has no contracts with them.

Is there a legal term for this? Can I take some sort of legal action against them?

I have an excellent lawyer, but he's on extended vacation and I can barely sleep at night knowing that I'm having communication issues with my vendors due to statements made to them by my competitor.

Collecting on a Debt

Anonymous — Sat, 21 Aug 2010 09:45:11 -0800

Collecting money from a rogue client. Trying to be specific with information but vague with details. Desperately seeking advice. Let's get this out of the way: you are not my lawyer. My small design company (I do not own it) did a significant amount of work for a new client. Tens of thousands of dollars worth. Long story short, the client is using the new material - package design, branding, and website design - but has not paid for it. It has been about two years.

We have employed numerous avenues: a collections agency recommended by a lawyer and an accountant, obviously several invoices. Direct calls. The collections agency just got back to us with "we have exhausted available resources...please pay us". Are you kidding?

There must be something we can do.

The Big Unfortunate is that our work is not explicitly drawn out with approved estimates - there were some handshake deals done by a person who's no longer with the company. The fact remains, though, it is our work: we did it, we can prove it.

Is it remotely legal to use materials you haven't paid for, if no initial paperwork exists? They have paid for some work, but definitely not all of it.

I'm thinking of documenting our work history with the client and threatening to go to their ISP with proof of using stolen materials. But I don't know if there's any way that would encourage her to pay us, or if it would just rattle a bee hive.

Any ideas?

Lawyer Dumpster Dives for Lunch

Anonymous — Wed, 07 Jul 2010 11:51:39 -0800

Family Business Filter: How do I negotiate a salary that reflects my value? How does a firm base salary from hourly billing rate? I just graduated from law school and am joining my dad in his solo practice. We're in a small Midwest market.

He's offering me $25,000 with the likelihood of managing when he retires in "a few" years. I know I can barely live off that salary in this area, but because I tend to be self-effacing I figured it's worth it if I can manage a law firm sooner than later. But conversations with people I trust, plus my own intuition, have led me to think that I'm being undervalued. I say "intuition" instead of "research" because the market is small enough that any feelers I put out about other employment would almost certainly get back to him, and postings don't usually mention salaries. I do know of one friend employed locally in legal academia who is being paid a salary of $40,000 plus benefits (did I mention I get no benefits?).

My first question is, how to I determine what is reasonable? I know I should go by market average, but like I said I can't exactly look for other jobs. I did figure that he's billing me now at $50/hour. If he continues that (and it will probably go up), then I'll bring $96,000 to the firm if I work full-time for a year. Do you know what a reasonable percentage of their billing hour is paid to new attorneys?

So my next question is, how should I approach this? Because he's my dad, I'm afraid it will turn into a conversation where I'm asking him to give me an allowance or match my cost of living (I would like to move into a nicer place, by which I mean rent around $600-50 instead of a $450 basement). He knows about my financial struggles through school and knows how much debt I have. I would very much like to keep the conversation to my value to the firm as a new attorney instead of my value to him as a daughter. How did you manage this if you work with family?

I am joining a comic start-up, and I need some advice on what to do next.

hellojed — Wed, 13 Jan 2010 16:59:32 -0800

I'm getting involved with a comic startup. How can I protect the stuff that I make? Recently I got an offer to work for a start up comic company, Specifically coloring and logo design. I understand that because they are a startup they can't offer compensation right away. Between then and now, I'm going to be doing a lot of work for free and at the end of this I may not see a dime. I'm okay with that, at this point the experience is more valuable to me.

But I will be making a lot art, logos, and other items. Recently we've started the logo-design process and my contact has already given me some input on what she wants. A day ago I colored a sketch she sent me to "get a feel" for the kind of work I'll be doing. So far no contracts have been signed, everything has been over e-mail at this point (there is a plan to get together in the near future)

My question is how can I protect the art/assets I make. Should I wait to negotiate a contract before doing any more work? I'm not sure what the next step is, I just wish everything to be as legally air-tight as possible so if/when the money does come in I will be compensated.

Starting a Non-Profit... Where to start?

weiler63 — Sun, 10 Jan 2010 18:56:00 -0800

Starting a Non-Profit... Where to start? I've received nothing but the best advice on my previous questions, so here goes another one. I am attempting to start a non-profit in which the profits from our sales of items (HDMI cables) will be donated to charity. Every 6 months we will crowdsource another charity from Internet submissions and votes, then donate the previous 6 months profits to that charity. So... Where do I start? We already have a corporation here in California, but initial research has shown that we need to start fresh with a new corporation. Do you think I can approach an existing charity and ask for the services of their lawyer,accountant etc. in return for the first 6 months donation? Any ideas would be great. Our goal in 2010 is 1 million dollars donated to charity, which based on our outstanding 2009 is totally attainable. Thanks in advance for the help, --AW

P.S. If any able-bodied lawyer, graphic designer, web-designer, or anyone else wants to get involved with this great cause, please PM me and we can talk further.

How to not get screwed over in a business partnership.

giggleknickers — Sun, 15 Nov 2009 22:35:57 -0800

How does the tech person in a business partnership avoid getting screwed over by the business person? We are four people talking about starting up a small software development business. Three of us are software engineering students who know crap-all about business, and the fourth is an experienced businessman who is more or less going to take care of all the non-technical stuff. He will be our Steve Jobs to us three Steve Wozniaks.

I'm a little paranoid because I've read a lot about the history of various technological developments, and it seems that engineers and developers have a habit of getting screwed over by the businessperson they partner with. The businessperson uses their tricksy business skills to swipe the intellectual property and get all the money and credit while the developer is left wondering what on earth happened.

Am I overly paranoid from the history I've read or is this likely? How can I avoid it? We'll be working on a project that has been a long time dream of mine, so I feel very overprotective about it.

I'm trying to educate myself about this situation, but it feels like I need a degree in business, and another in accounting and another in law in order to understand everything I need to know to answer this question. It seems like a paradox, because if I knew enough to answer this question, I would know enough that we wouldn't need someone taking care of the business end of things in the first place.

Hang out the shingle or get more experience first?

Happydaz — Thu, 21 May 2009 12:10:50 -0800

I just graduated from law school on Sunday. I want to open my own law firm and practice criminal law after I pass the Oregon bar. But how can I get up to speed fast enough that I don't give my new clients poor legal services? I've been reading several books on starting your own practice. (Foonberg's 4th edition, How to Start your own Solo Practice and Succeed by Gerald Singer, and Solo by Choice.) But these books all focus on the business side of starting a law practice. Getting clients, running an office, whether you have the right personality to solo, etc. What I want to know is can I realistically become competent enough in criminal law that my clients aren't getting screwed while I learn the ropes?

I would really like to hear from anyone who has started their own law firm in any area of law. Did you start right out of law school or did you work for someone else first? What would you change if you could do it again?

What kind of records do most sole proprietors, freelancers and consultants keep?

Anonymous — Tue, 17 Feb 2009 19:39:33 -0800

What sort of state of organization are the financial records of most sole proprietorships in? I've had a small freelance business for about 15 years. About 3 years ago, I was in a car accident that was 100% not my fault. (The other driver admitted fault and there were witnesses.) I am now in the middle of legal dealings with my insurance company, because of the state of whiplash, the effect on my pregnancy and the effect on my ability to run my business and maximize earnings. (I do have a lawyer.) The insurance company is asking for all my financial records from the past nine years. They want copies of every receipt, invoice, mortgage interest statement, etc.

I've never kept a general ledger or anything like that. I just invoice and pay my expenses and credit cards and stuff like that. I've never been very formal about things, although I am excrutiatingly honest. I don't lie on my taxes. However, there have been situations where I just phoned the mortgage company to get the interest amount for my mortgage for the year (for business use of home), because I figured that if I got audited by the government, I would just phone and get a statement sent out. And, as I mentioned, I don't have cash flow statements or anything like that. And sometimes my receipts are in my name, my husband's name or both our names. But I always put money into our joint account to cover everything, usually lump sums throughout the year.

I had planned to incorporate and set up with an accountant, but, because of the car accident, I am just beginning that process now. Going forward, my records will be more diligent, since I'll be incorporated.

But, I'm wondering...what is the typical state of financial records for most freelance and consulting type businesses? My lawyer seems baffled that I have unaudited records...he's not used to sole proprietors. He seemed surprised that I had been doing my own taxes (for all but 3 of the total years, because, honestly, the accountants never got me any more tax back than I got on my own). For the most part, my business records are my personal income tax records, since the sole proprietorship income tax is part of that. I never saw any point to doing balance sheets and neither did the bookkeepers or accountants. Are other freelancers and consultants in a different situation? (Again, I'll be changing this going forward.)

Has anyone been convicted for murder where the motive was business?

arniec — Thu, 07 Aug 2008 09:13:53 -0800

Dick Jones from Robocop filter: Has there ever, in real life, been a convicted case of murder where a high profile, multi million/billion businessperson either killed or hired someone to kill a business competitor, either within the company or in another company? You see it all the time on Law & Order, Monk, and Robocop...a wealthy businessperson has a co-worker killed either to get a promotion, or revenge for being showed up in the boardroom, etc. But has this ever really happened? Has any rich businessperson caused the death of a business competitor (either a co-worker in the same company or another company)? Any recent cases?

(and I'm referring to legal, corporate businesses, not drug dealer businesses, etc)

If I work out of my apartment, will I be my only client?

pantheON — Wed, 27 Feb 2008 20:54:21 -0800

Can I run a criminal law practice out of my apartment? I'm in Toronto, Ontario, Canada. I'm currently articling (for my American friends, that's a mandatory one-year apprenticeship I have to complete to get called to the bar) at a mid-sized insurance defense firm. I've concluded that I want to get out of this area of the law and I'm interested in pursuing a career in criminal defence. I've been told that I'll likely have to take legal aid cases almost exclusively until I gain some more experience and can establish a full practice. My question is a narrow one: What are the practicalities of working out of my apartment until I can build a practice that can support office space. My apartment is in the business district of the city and about a 10 minute walk from the courthouses. Could I, for example, work out of my apartment, store my files there, and meet clients in public places?

Douche-Baggery at Work: How do we protect ourselves from future slander?

Anonymous — Fri, 22 Feb 2008 17:51:29 -0800

There's some serious douche-baggery going on at my job that cost one of my colleagues his job today. How do I protect myself? I teach at a University somewhere in America. At the beginning of this year, I took this job, and at the same time that they hired a new director. The director brought a couple of people with him (lower level staff members) who interact with students, and are generally bad medicine. Today, one of my colleagues got fired by the Provost because of lies and scandal that the Director of the program started about my colleague. He's lawyering up, and has been given until the end of today to either quit or be fired. He's obviously going to fight - but if he wins and gets to keep his job, he doesn't really "win," you know, without the support of the administration.

The level of scandal here goes deep. He's got budgets screwed up, our division is in shambles, and he shows favoritism and negative empowerment to both students and staff that are "on his side." Most of us have never been disrespected as badly as we have by this man and the people who he has wrangled up. He preys on the weak, undecided students and faculty/staff by giving them very positive praise and rewards, and then putting them together in situations where they are empowered to slander and trash-talk the rest of the people involved. It's a "Divide-and-Conquer" situation that is unacceptable in this environment, and especially in the educational arena.

Several of us have caught the Director in lies. He's very good at treating people below him like shit, and lying to upper administration to make himself look like the champ. Around Christmas of 2007, several of us were slandered by this guy at a public venue in front of students, staff, and other faculty - he has even gone so far as to scream "FUCK 'so-and-so'" in a crowded venue in an argument in front of students' parents and other patrons at an event. Our work environment has gotten very very bad, and it looks as though this guy might get to keep his job due to his manipulation of upper-level administrators, including the VP.

The major downfall of this situation is that this director is also a "professional" in the same line of business that many of us also work in. He's in the same professional union as some of us, so perhaps there is an avenue for protection there as well. The major problem is that, since this guy is a pathological liar and manipulator, he's gonna talk some shit to people we might both know, and spread more bullshit and lies about our work and our personalities. None of us are terribly worried about the damage that he's gonna try to perform, but it is a major pain in the ass (and potentially harmful to future contracts and work) if we have to explain the situation about this guy to people all of the time. He is an expert manipulator - and our colleagues, the heads of our division, and many other people directly and indirectly involved are shocked and awed at how successful he has been at getting what he wants via lies, slander, and manipulative tactics.

I have resigned my position, effective at the end of this school term. My question is about preemptive legal attack; does the Hive Mind see it beneficial for us, one by one, to contact our lawyers and have some kind of "If-I-Hear-That-You-Said-Shit-About-Me, I'll-Sue-Your-Ass-For-Slander" letters drafted? Is there such a thing, and are they effective? Is there anything else we can do to make sure that this guy keeps his lying mouth shut?

There's a chance that he will ALSO be terminated, but at this point, all bets are off. We never expected this guy's lies and manipulation of students to actually trick an administrator into firing one of the best and most influential professors/recruiters the division has ever seen. As you can imagine, this bullshit is all very, very political.

My spoof email for this question is bossdouche@gmail.com. Please drop me a line and post here if you have something that might help. Every day is another wonderfully effed up adventure.

Is it illegal for a business to close earlier than the closing time posted on their door?

thatgirl — Mon, 31 Dec 2007 20:31:13 -0800

Is it illegal for a business to close earlier than the closing time posted on their door? When I was a waitress in California (12 years ago), I remember one of my managers saying that it was illegal to lock the doors even slightly before the closing time posted on the doors. If we were closing at 10:00 p.m. and a customer wanted to come in at 9:59, we had to let them in and serve them.

In all of my years living in California, I can't recall a single instance when I found a business (such as stores, restaurants, banks, etc.) closed or closing before their posted closing time.

I live in upstate New York now, and this happens to me ALL THE TIME.

- Dunkin' Donuts: Found closed, dark, and deserted a half-hour before closing time.
- Dunkin' Donuts another time: Found the store closed an hour early, forcing me to get back in my car and go through the drive-through (which was not scheduled to close for another 2 hours), only to be told that they had no donuts left at all. I asked why and the girl told me that her manager had her throw them away an hour ago. (?!) All she could sell me was coffee.
- Pizza Hut: Tried to come in 45 minutes before closing, told they were closing the dining room early and we could only order to go.
- Price Chopper (tonight): Normally 24-hours, they were closing at 10:00 p.m. for New Year's Eve. We went in at 9:40 and were told somewhat rudely upon entry that they were closing in 10 minutes. As we were leaving 5 minutes later (9:45), they were no longer allowing customers in, stopping them at the door and telling them the store was closed.

These are just a few instances. There have been other stores, and other restaurants ("real" restaurants, not just drive-throughs and crappy pizza). In all cases, they have the business hours posted on (or near) the door. (Nothing where there were no hours posted, or where they said "Closing: Late" or anything like that.)

This has become a huge pet-peeve for me. (My husband has heard more than a few rants on the topic!)

Bad customer service aside, is it legal for businesses to close before their posted closing time? Are they any regulations regarding this sort of thing? Is there anyone I can complain to and get them in trouble with?

"Please don't start a similar business to mine elsewhere. It would hurt my feelings."

divabat — Fri, 21 Dec 2007 01:01:38 -0800

Can you really hold copyright to a business model/idea/concept, and disallow others from duplicating it? If not, then how is The Sampler able to do so? On The Sampler's (a company that collects samples of arts & crafts and distributes them to buyers who buy a random box at a time) FAQ, one question goes:

I love the idea of the Sampler! Can I create my own Sampler!?

The crafty community is full of all kinds of swap programs! Certainly you are welcome to create your own sort of swap, but please don't copy the Sampler outright! Using our concept and simply changing the name is still copying! Especially when you say things like "I'm starting my own Sampler" it's SORT OF A TIP-OFF.

The business model of the Sampler is something unique and something I've worked very hard to create, maintain and also very hard to defend! Though the Sampler is wicked fun and super friendly, please remember that it is still a business, and, as such, will be subject to and will appeal to all the laws that are applicable to defend it. The Sampler name, logo and the combination of the two are subject to US trademark laws.

Then in the Craftster forums, someone asks about starting her own Sampler to increase access to sample subscriptions, the original founder shows up and states that doing another Sampler would hurt her feelings as she said she "worked very hard" on the concept.

Does she actually have a right to be the only owner of a Sampler-type business? There are many companies doing gift-sample businesses (and The Sampler has provided gift bags for people like MTV), and there are many different types of fast food, of book stores, of hairdressers, etc etc. All essentially providing the same service. (One poster in that thread argues as such.)

What makes The Sampler different? Is it because it is in a relatively close-knit (excuse the pun) community where the target audience for such a product would be familiar with the original? Does Marie (The Sampler's founder) actually have any right under the law to sue anyone else that does a Sampler-type business? Does she legally have any leg to stand on?

What if I start a Sampler to, say, create and distribute samples for Malaysian crafters. Malaysians can't buy Samplers (they ship to limited countries) and there isn't such a thing here, so I start one. Would Marie be able to sue me considering her Sampler isn't actually in competition to mine?

I just don't see how it's possible for her to claim that The Sampler, nice idea that it is, is totally hers and no one can go and make their own Sampler deal. For one thing, I can't buy her Sampler, so if I want one I'd have to make my own! It also seems ridiculous to put a limitation on expanding the Sampler concept when there are also limits to who can contribute and which countries can purchase.

Have any other companies/industries gone through the same issues in terms of holding claim to business models? How has it been for them?