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LLC Operating Agreement — Delaware vs home state incorporation

Started by PatentAgent_Boston · Feb 21, 2023 · 662 views · 21 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
PB
PatentAgent_Boston OP

Quick background on my situation — any input appreciated.

Delaware vs home state incorporation. I've been dealing with this for about 3 weeks now and the situation isn't improving.

I have already consulted briefly with a lawyer but got conflicting advice.

Has anyone been through something similar? What worked for you?

VA
VCAnalyst_SF

I went through almost the exact same thing.

What worked for me was having everything documented. It took 3-6 months but was worth it.

TL
Mod_TermsLaw Moderator

I've handled similar cases. Here's my take on the legal issues.

Based on what you've described, you likely have a viable claim under the relevant statute. The standard is whether a reasonable person would find the conduct actionable.

The practical consideration here is cost vs. potential recovery. For disputes under $10K, small claims court is often the best route.

SA
seeking_advice_freelancer_IL

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

SM
SeniorDevMike_PDX

I went through almost the exact same thing.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

GL
GigWorker_LA

I've dealt with this before.

I ended up escalating to a supervisor/manager, which cost about $1-3 but saved me a lot more in the long run.

JC
just_curious_investor_2022

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

NH
need_help_student_help

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

EA
EstatePlanner_AZ

I went through almost the exact same thing.

I ended up hiring an attorney to send the initial letter, which cost about $2-4 but saved me a lot more in the long run.

NH
need_help_freelancer_TX

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

FT
first_time_contractor_OH

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

TR
TruckerRights_OH

Not a lawyer, but I have direct experience with this.

The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.

AB
AgentBroker_TX

I went through almost the exact same thing.

The biggest mistake people make in this situation is escalating to a supervisor/manager. I'd recommend following the formal complaint procedure instead.

CD
confused_dev_IL

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

JC
just_curious_freelancer_CA

Have you tried reaching out to your state's legal aid society? They sometimes have free resources or mediation services.

NC
newbie_creator_TX

Just want to point out — the statute of limitations might be a factor here. In some states it's as short as 1-2 years. Don't sit on this too long.

NL
NursePractitioner_LA

Not a lawyer, but I have direct experience with this.

The biggest mistake people make in this situation is having everything documented. I'd recommend keeping a detailed timeline instead.

OD
OpenSourceLawyer_Dan

I've dealt with this before.

What worked for me was having everything documented. It took 3-6 months but was worth it.

NE
newbie_employee_IL

Have you tried reaching out to your state's legal aid society? They sometimes have free resources or mediation services.

FT
first_time_parent_2026

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

ND
newbie_driver_2024

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

AW
anon_worker_IL

This happened to me too. Have you tried filing a complaint with the relevant agency? In my case they investigated and it got resolved without needing a lawyer.

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