42

UK: For all I know you cannot be fired unless you are hired. They must hire you. Once a job offer is made and accepted, they must hire you. If they don't, call a lawyer. I personally know someone who got hired, and when he arrived for his first day's work at the new company, he found that the whole department that he was supposed to join had been laid of. ...


23

What legal options do I have here? It depends on how much you are owed. If it is less than $5000 (in a city court) you can sue them in small claims. If it is more than that, you'll have to sue them in a different court. Do I have a claim to salary if I quit? Yes, absolutely. You quitting does not relieve the business of its obligation to pay you for ...


21

Legal question, statistical (economic) answer. You need to evaluate the expected value of an outcome which is the sum of the product of probability of winning and the gain (or loss) from winning and the product of the probability of losing and the gain (or loss) from losing. As a mathmatical expression: Expected value = [P(winning) x gain] - [P(losing) x ...


21

Could the GoDaddy employee self-phishing test constitute a breach of contract? No. There is no contract. It was only the announcement of a gift. That gift might have been unexpected, especially if no similar bonus was given in previous years. The employee's act of filling in his information does not seemingly amount to "consideration". Filling the ...


18

Yes, it is breach of contract but it is unclear whether you can get meaningful compensation According to UK Government Advice, if the employer withdraws the offer after "[t]he employer has confirmed that the job offer was unconditional, or the applicant has met all conditions" then "[t]he applicant can sue the employer for ‘breach of contract’". However, ...


12

Short Answer You are legally entitled to the cost of an adequate replacement (possibly a lightly used previously owned computer) reduced by the amount refunded. This is sometimes called a "benefit of the bargain" measure of the relief to which you are entitled. But as a practical matter, there is no cost effective way of enforcing your legal rights ...


10

The New York Department of Labor will investigate claims of withheld wages and withheld wage supplements (i.e., bonuses). The latter is harder to prove, but even an oral promise is something that will be investigated. Note that the NY Labor Department will not investigate claims that are before a small claims court, so it may be the case that you have to ...


10

There is no significance to using the words "I" or "we", nor does it matter that you didn't sign the surrender paper (after al, you did not have possession of the vehicle and it is not yours to surrender). You will have gotten a notice, at the beginning of this process (when the loan was taken out) that provides information like this, in ...


9

Your lease is with the LLC in bankruptcy - you should not be paying rent to anyone else. Unless and until the lease is transferred to someone else (in accordance with the terms of the lease or with your agreement) it will remain with the LLC. Contact the bankruptcy trustee to see how they intend to proceed. Providing the LLC keeps fulfilling its obligations ...


9

Yes, and even if not there are promissory estoppel issues - hire a lawyer.


9

No Governments have sovereign power. Subject to constitutional and legislative constraints, governments can change laws as they wish. That includes legislative changes and administrative policies. Most governments tend not to use this power arbitrarily because it tends to make investors wary - economists call this sovereign risk. Like any other risk, the ...


8

You identify basically two issues. Non-Responsiveness and Failing To Meet Deadlines One is that he's taking longer than planned to get your work done, and might have abandoned you. The sad but true reality is that lawyers frequently do get busy and sometimes fail to meet the deadlines that they have set for themselves. In this respect, the legal industry is ...


8

A problem is that statistical "expectation" answers (percentage chance x value) are not a value one may expect to receive. They are a value which on average may be expected if there were repeated events. For a lawyer, with many clients and cases, an accurate expectation will suggest how they can maximise their overall case wins. But its a lot less clear ...


7

This is not a place for specific legal advice, but you shouldn't be afraid of the small claims court; I'm doing that myself and it really is a low-risk and straightforward way to get money that is owed to you. Step 1: Get the boiler repaired or replaced as necessary. Keep the receipts. Don't be tempted to get an upgrade or anything else to push expenses ...


7

In what way is the mark you made not your acceptance of the contract? It doesn’t matter if it’s your name, or someone else’s name, or an X or the Bluetooth logo or a caricature of Donald Trump. You made it - it’s your signature.


6

What do I do? Promptly hire a new lawyer. Dispute claims for fees to the extent that they were not earned or that no value was conferred.


6

The contract is enforceable No one is in any doubt that the parties to the contract are you and Smith Homes and everyone knows that Smith Homes means Smith Homes LLC. The written document is only evidence of the contract, the contract is the entire commercial relationship. Contracts are not invalid because they have typos or minor irregularities- otherwise ...


6

Against Bob: yes; Against Cindy: no I'm going to borrow @Trish's example because it's a good one although the conclusions they reach are wrong. Alice made a green box. Bob signs an NDA never to tell anyone that Alice made a green box, and there is a clause in it that if the NDA is breached, the box is red. Bob tells Cindy that Alice made a green box. Cindy ...


5

is there any legal action I can take against the dealership to enforce their compliance with our contractual agreement? Yes, you can sue for breach of contract. You would probably seek an order for specific performance. You could also claim damages but it is difficult to see exactly what damage you have suffered. Is there a reasonable timeline that they ...


5

The LLC is your landlord. The person who owns the LLC may be doing any number of things, some of which have dubious legality. However, none of them are related to your lease agreement, which is with an LLC, which is now under the management of an official assignee. Until such time as the actual landlord, the LLC under control of the official assignee, ...


5

Is there a rule of thumb for determining the amount one should accept for of a settlement offer? No. It is entirely up to the injured party to decide how much he is willing to irreversibly give away in a settlement. The party should crunch numbers to ascertain the actual amount he would receive after expenses (first and foremost, attorney fees, if he is ...


5

Don't do it. It is of course breach of contract when you signed a contract with no intention to fulfil it. However, you are talking about Germany. German employers take a very dim view of this. While a UK employer would say "good riddance" and do nothing, many German employers would see that as a personal insult. It's something that you just don't do in ...


5

Can the seller enter a formal agreement with the tenants in which the seller pays a sum of money and in return the tenants vacate the premises before the closing date, and would such agreement hold over the tenants legal right to remain on premises past the closing date? Maybe. It depends on tenancy law in Nova Scotia. Notwithstanding, given that the ...


5

Force Majeure An event like the current Covid-19 event is what is known as a force majeure event; a Latin term meaning "superior force". It refers to an event that is beyond the control of the parties to a contract such as war, civil disturbance, acts of God and disease. Common law jurisdictions In common law jurisdictions (most of the English-speaking ...


5

Unilateral termination clauses are legal and very common They even have a name: termination for convenience. However, a contract is not terminated unless and until it is communicated to the other party. Rights and obligations that have accrued up until termination are enforceable.


5

The EU-wide 48 hour limit and the German Arbeitszeitgesetz only apply to employees, not to self-employed persons or freelancers. Thus, it would in principle be legal to have a full-time job and do any amount of freelancing on the side. I'm not sure whether your PhD student position factors into this since it is unpaid. If you have multiple employers, the sum ...


5

Your main and probably sole legal recourse is a lawsuit. The basis for suing the store would be breach of contract. You pay them some money, they provide some goods. They failed to provide those goods – so far. The contract might say something about when the goods would be delivered, but otherwise the requirement would be "in reasonable time" (they ...


4

Based on other questions you have posted, I will assume you refer to some jurisdiction in the U.S. Is Joe allowed to refuse this offer and go to court anyway? I wonder if this is legal since it may seem as though Joe is not interested in the actual amount but simply is interested in the fight and/or defaming the corporation. Yes, it is legal, ...


4

If such a case came to court, the court would presumably rule that merely publishing the advertising could not be considered to be doing something "commercial". (Otherwise the contract would be absurd, as the question points out.) The court would therefore define "commercial" as some act beyond merely displaying the advertising -- perhaps charging for the ...


4

Does a situation like this constitute breach of contract and/or a violation of advertising laws? No. There is not enough information that would lead to a finding of either. It is unclear how customers would be allegedly affected (if at all) by the release of a product at a different store, let alone where the goods or services at issue are digital and ...


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