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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.

| May 21, 2018

SPANKING IS NOT OK IN PUBLIC SCHOOL QUESTION: My 5-year-old son told me his teacher spanked him! When I contacted the teacher, he told me that spanking in school is allowed under a U.S. Supreme Court Decision. That cannot be right. ANSWER: It’s only halfway right. In 1977, the U.S. Supreme Court ruled in Ingraham […]

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

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

| May 14, 2018

CHECKING APPLICANT’S SOCIAL MEDIA POSTS COULD BE ASKING FOR A LAWSUIT QUESTION: Before I interview applicants for a job, I check their social media presence, as a way of seeing if there are any major red flags (drug use), see if they use social media, and as a way of getting insights into who they […]

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

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

| April 30, 2018

ASK THE LAWYER By: Daniel A. Gwinn, Esq. Attorney and Counselor at Law GWINN LEGAL PLLC 901 Wilshire Drive, Suite 550 Troy, MI 48084 (248) 247-3300 (248) 247-3310 facsimile daniel@gwinnlegal.com| www.gwinnlegal.com WILLING TO WORK FOR FREE? NEW RULES FOR UNPAID INTERNS LET INTERNS DO MORE WORK QUESTION: Our high school daughter, 17, would like to […]

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

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

| April 16, 2018

CASH OR CREDIT, DAYCARE PROVIDER NEEDS LICENSE QUESTION: A friend told me that it’s OK to run a child care business in your home, without a license, if you only accept cash payment. She said the license is only needed if you work with families that get assistance from the state. This does not sound […]

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

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

| March 31, 2018

CONTRACT EMPLOYEE WANTS LEAVE; DOES WORKPLACE EMPLOYER HAVE TO REHIRE? QUESTION: I work in Human Resources at a large company. In addition to our “permanent” workforce, we hire almost a hundred people through a staffing agency, to work for us on short-term, large-scale projects. One of our contract workers has asked for six weeks off […]

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

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

| February 26, 2018

OUR READERS HAVE ASKED: WHAT RIGHTS DOES THE SECOND AMENDMENT PROTECT? QUESTION: With the recent shooting in Parkland, Florida there has been a lot of talk about gun control and people’s Second-Amendment rights. But, what exactly are the rights under the Second Amendment? ANSWER: The Second Amendment of the U.S. Constitution states, “A well-regulated militia, […]

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Ask The Lawyer By: Daniel A. Gwinn, Esq

Ask The Lawyer By: Daniel A. Gwinn, Esq

| February 20, 2018

HANDBOOK PROHIBITS ‘DISRESPECTFUL CONDUCT’ – WHAT’S WRONG WITH THAT? QUESTION: My company recently revised its Employee Handbook. In addition to providing rules on handling discrimination and sexual harassment and setting out the procedures for obtaining benefits, the handbook establishes rules for employee conduct. One of these rules prohibits “insubordination or other disrespectful conduct” toward managers […]

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Ask The Lawyer By: Daniel A. Gwinn, Esq

Ask The Lawyer By: Daniel A. Gwinn, Esq

| February 12, 2018

CAN BOSS LAYOFF WORKER WHO IS OUT ON FMLA LEAVE? QUESTION: I own a business which is cyclical. My employees know that no job here is forever. A couple of months ago, one of my employees asked for leave under the Family and Medical Leave Act so he could have heart surgery. He provided the […]

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

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

| November 27, 2017

EMPLOYER VIOLATES EMPLOYEE RIGHTS WHEN IT BARS SALARY DISCUSSIONS QUESTION: My friend and I both work at the same company. We learned by accident that one of our co-workers, who does the same work we do, is earning almost $10,000 more per year. He’s a man; we’re women. Anyway, we started asking other people if […]

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

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

| September 18, 2017

TOO SMALL TO BE SUED UNDER ADA? LOOK OUT FOR SUIT UNDER STATE LAW! QUESTION: One of my workers recently asked me for an accommodation due to a back injury: He needs to sit down for 10 minutes every hour. I only have seven people on staff; I can’t have one of them sitting for […]

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