Piercing the Corporate Veil of a Limited Liability Company

Commingle Funds and Your Liability Shield May Disappear Now that you have taken to heart the information provided in the previous post, Does your “LLC” really limit your liability?, don’t jeopardize the shield created between your business and your personal assets. I have often heard the phrase, “As a business owner, it is not ‘if’ you get sued but rather ‘when’ you get sued.” In determining whether a business owner is personally liable for the debts of a n Ohio Limited Liability Company (presuming the business has not been used for criminal or fraudulent purposes), courts...

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Does your Limited Liability Company really limit your liability?

Organize your Limited Liability Company to Protect Against Personal Liability As a business owner, the question is not “if” you will be sued; rather, it is likely “when” you will be sued. To protect against personal liability in Ohio, the Limited Liability Company (“LLC”) has become one of the more popular entities chosen by business owners to operate their respective businesses. The LLC provides the flexibility and ease of creation of a partnership while at the same time establishing a liability shield similar to a traditional corporation. My experience in...

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Employer: At Will Employment FAQs

What does “at will” employment mean? A: It means you can keep your employees for however long you want. This means you can fire them for any reason or for no reason at all, so long as it’s not an unlawful or discriminatory reason, such as because of her age, sex, national origin, or disability. Similarly, the employee has the right to quit at any time, with or without notice. What is constructive discharge? A: It’s when an employee resigns or quits because an employer has created intolerable working conditions, or basically makes it impossible for the employee to...

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Joshua D. DiYanni, Esq.

Joshua D. DiYanni graduated Magna Cum Laude from the Cleveland-Marshall College of Law in Cleveland, Ohio, where he received various scholastic honors and was an Editor for the Cleveland State University Law Review. Mr. DiYanni is licensed to practice law in the state of Ohio, and in the United States District Court of the Southern District of Ohio, and he is presently a member of the Ohio State Bar Association, and the Columbus Bar Association. Mr. DiYanni primarily practices business law and employment law, including issues involving business organization, regulatory compliance, and...

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