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Tag: Ask The Lawyer By: Daniel A. Gwinn

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Ask The Lawyer By: Daniel A. Gwinn, Esq.

Ask The Lawyer By: Daniel A. Gwinn, Esq.

| August 14, 2017

OUR VICE PRESIDENT NEEDS TO TAKE TIME OFF FOR A MEDICAL CONDITION, BUT WE CAN’T MANAGE WITHOUT HER! QUESTION: Our VP of Marketing/Communications recently requested leave under the Family and Medical Leave Act (FMLA) for medical treatment. She requested the full 12 weeks. She’s eligible for the leave, but the company really can’t manage without […]

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Ask The Lawyer By: Daniel A. Gwinn, Esq.

Ask The Lawyer By: Daniel A. Gwinn, Esq.

| July 31, 2017

IS AN OVERNIGHT STAY IN HOSPITAL A ‘SERIOUS HEALTH CONDITION’ UNDER FMLA? QUESTION: I work the third shift at a factory (8 p.m. to 5 a.m.). Around 1:30 a.m., I started feeling really sick (my heart was pounding so hard it hurt). I left work after telling a co-worker I needed to go to the […]

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Ask the Lawyer by Daniel A. Gwinn, Esq.

Ask the Lawyer by Daniel A. Gwinn, Esq.

| July 22, 2017

CAN I COLLECT UNEMPLOYMENT BENEFITS AND SOCIAL SECURITY BENEFITS AT THE SAME TIME? QUESTION: I’ve been out of work, looking for a job for a couple of months. I will be eligible for Social Security next week, when I turn 66. Can I continue to collect unemployment if I’m receiving Social Security? ANSWER: Yes, under […]

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Ask The Lawyer By: Daniel A. Gwinn, Esq.

Ask The Lawyer By: Daniel A. Gwinn, Esq.

| July 10, 2017

IS BOSS RESPONSIBLE FOR BLACK SUPERVISOR’S DISCRIMINATION? QUESTION: I recently dismissed one of my employees, a white man, after he received numerous write-ups from his supervisor, a black woman. The guy challenged his discharge and is now suing the firm for discrimination, claiming his supervisor was prejudiced against him because of his race and sex. […]

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Ask The lawyer By: Daniel A. Gwinn, Esq.

Ask The lawyer By: Daniel A. Gwinn, Esq.

| June 26, 2017

WHO’S THE BOSS? LIABILITY AS JOINT EMPLOYER? QUESTION: I was hired by a staffing agency to work on a year-long project for a company doing work on a federal contract. I work full-time on the federal contractor’s site, using their equipment, and am supervised by a manager for the federal contractor. My employer, the federal […]

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Ask the Lawyer By: Daniel A. Gwinn, Esq.

Ask the Lawyer By: Daniel A. Gwinn, Esq.

| June 19, 2017

CUSTOMERS WALK OUT WITHOUT PAYING; CAN EMPLOYEE GET STUCK WITH THE BILL? QUESTION: I work at a restaurant. Last week, we had a large group (10 people) in for lunch, a busy time. They asked for one check. When I presented it to them, they asked for individual checks instead. While I was in back […]

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Ask The Lawyer By: Daniel A. Gwinn, Esq.

Ask The Lawyer By: Daniel A. Gwinn, Esq.

| June 12, 2017

CHECK RULES ON INTERNS BEFORE ACCEPTING OFFER TO ‘WORK FOR FREE’ QUESTION: My neighbor’s daughter asked if she could work at my company, for free, as an intern this summer to gain experience to put on her resume. I’d like to take her up on the offer, but don’t know if it’s legal to ask […]

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Ask The Lawyer By: Daniel A. Gwinn, Esq.

Ask The Lawyer By: Daniel A. Gwinn, Esq.

| June 4, 2017

REDUCED YOUR WORKFORCE? YOU MAY STILL BE A COVERED EMPLOYER UNDER FAMILY & MEDICAL LEAVE ACT QUESTION: I recently downsized, and cut staff at one of two businesses I own. I used to have a total of 52 employees; now I have 45. One of my staff put in for six weeks of FMLA leave […]

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Ask The Lawyer By: Daniel A. Gwinn, Esq.

Ask The Lawyer By: Daniel A. Gwinn, Esq.

| May 8, 2017

EMPLOYER’S DIVERSITY POLICY AT ODDS WITH EMPLOYEES’ VIEWS QUESTION: My company recently implemented a “diversity policy” which requires employees to “recognize the value of diversity and to respect the beliefs and practices” of co-workers. People who violate the policy can be terminated. One of our employees has made several comments disparaging a white co-worker, married […]

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Ask the Lawyer By: Daniel A. Gwinn, Esq.

Ask the Lawyer By: Daniel A. Gwinn, Esq.

| May 1, 2017

SELECTIVE ENFORCEMENT OF WORK RULES COULD LEAD TO A LAWSUIT QUESTION: We recently hired a new employee, and she’s not working out – she rubs people the wrong way. I’m ready to let her go. Her manager noticed she’s on-line a lot at lunch, sending e-mails and shopping. Use of the internet for personal business […]

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