The Stack Overflow podcast is back! Listen to an interview with our new CEO.
41

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 ...


20

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 ...


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, ...


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

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 ...


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 ...


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 ...


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.


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 ...


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

client must provide me a suite in his hotel that costs $10K for a night based on a contract we held in the past (the contract has expired as of 31-Dec-18 but he never rendered the service because I didn't ask for it. The contract mentioning $10K has expired and is no longer relevant. You had a chance for a $10K suite before 31 Dec 2018 but you did not ...


3

I assume that you arranged a contract with some company which paid the contractor the full amount, and not you have to pay that company. If you stop paying the finance company, they will initiate legal proceedings against you to make good on your obligation, and that won't affect what the contractor does. It might not hurt you to write a formal letter (no ...


3

There is a reasonable chance that the amount that you are borrowing and paying interest on is through a third party, so the dealer can't just waive the interest for the period when they are fixing the car. Legal responses would include canceling the sale, and suing for damages. The problem with suing for damages is that this isn't costing you an extra $15/...


3

There are lot of different ways a court could calculate damages -- the amount Matt was promised, the amount he ended up behind in reliance on that promise -- but I'd expect that the damages would be the difference between what was contracted for and what he actually made on whatever work he ended up doing instead of the garage. It's practically ...


3

If you had a contract guaranteeing employment for six months and it was cancelled without cause, you could sue the new employer for breach of contract for six months of wages and relocation/loss of benefit damages, less any mitigation of damages you could accomplish by finding alternative employment.


3

Generally speaking, a security agreement purporting to use a 401(k) account as collateral is void as a matter of law unless the loan is made by the institution that maintains the 401(k) account. This is also true of many annuity accounts which have special retirement account character (e.g. a TIAA-CREF annuity as part of a teacher's retirement plan). A non-...


3

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 ...


3

Suppose Publisher printed 10,000 copies under the terms of the contract, and within those two years they sold 7,000 copies (and paid royalties). If you did not receive leftover copies at the end of the 2 years, then either (1) they broke the contract or (2) at the last minute they sold the remainder to some third party. If the latter is the case, they would ...


3

Can he/lawyer try to use the payment to me as leverage, for example, offer to give me that payment only if I agree to sign a non-compete or other document? The employer ultimately ought to comply with the written agreements between you two. The employer is not allowed to belatedly impose conditions that alter (to your detriment) the contract(s), let ...


3

It is quite normal for a person to name themselves the beneficiary of an investment- even a life insurance policy. If such a person were to die, the funds would be payable to the estate, which means the executor for distribution to the beneficiaries of the will. It is normal for organisations to hold such investments to await probate which is when the ...


3

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 ...


3

Is there any sort of implied expiration date for a contractor's completion for medium size contractor jobs (< $10k)? Absent a provable deadline, the question would be whether the delay is reasonable (or habitual) under the circumstances. The contractor's presumption that he can do whatever he wants regarding unspecified aspects of a contract is ...


3

If the agreement is the result of a binding determinative process like the decision of a court, arbitrator or administrative tribunal, the aggrieved party can go to the court for enforcement. If it isn’t, then the agreement may be enforceable as a contract (see What is a contract and what is required for them to be valid?). Breach of the contract allows the ...


3

Does the original 'No Problem' good will waiver from Party B holds in court? Generally speaking, yes. Party B cannot undo his waiver unless (1) it was induced fraudulently, or (2) the contract supports striking that kind of waivers. There might be other scenarios entitling B to undo his waiver, but all of them are exceptional and don't differ that much from ...


Only top voted, non community-wiki answers of a minimum length are eligible