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Tag: ask the lawyer

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

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

| January 2, 2018

HUSH-HUSH FIRM’S SECURITY NEEDS MAY CONFLICT WITH EMPLOYEES’ RIGHTS UNDER NLRA QUESTION: I am vice president of a small company that does some highly sensitive and confidential work for a government department. In order to make it more difficult for outside agencies or agents of other nations to access/identify our employees, we have a policy […]

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By: Daniel A. Gwinn, Esq.By: Daniel A. Gwinn, Esq.

By: Daniel A. Gwinn, Esq.By: Daniel A. Gwinn, Esq.

| December 18, 2017

WHAT SERIOUS HEALTH CONDITION? WORKER ON LEAVE LOOKS VERY HEALTHY IN FB POST QUESTION: One of my employees has been out on FMLA leave for several weeks due to an injury to her hip that, she said, made it impossibly painful to work. A couple of days ago, some Facebook posts of this worker came […]

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

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

| December 11, 2017

CAUTION: WAGE HIKE AHEAD! QUESTION: I run a company, with a pretty small profit margin. I pay my worker’s minimum wage; the amount I spend on wages just keeps rising. I heard the minimum wage is going to go up again pretty soon. When is that going to happen, and how much will it be? […]

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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.

| November 19, 2017

HOW MUCH OF THEIR RECORD DO FORMER EMPLOYEES HAVE A RIGHT TO KNOW? QUESTION: A former employee wrote to my office asking for her personnel file under something called the Bullard-Plawecki Right-to-Know Act. Her file is huge. Do I have to send it to her? ANSWER: The Bullard-Plawecki Right-to-Know Act is Michigan’s employment equivalent to […]

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

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

| November 6, 2017

PRAYER MEETINGS AT WORK? NOT A GOOD IDEA QUESTION: I work at a small design firm. About six months ago, the project manager began ending our meetings with a short prayer, which has expanded into a fairly lengthy prayer, asking for God’s blessing on our work, and ending with an invocation to Jesus Christ. I […]

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By: Daniel A. Gwinn, Esq.

By: Daniel A. Gwinn, Esq.

| October 23, 2017

WORKER CHARGED WITH ASSAULT, WHAT SHOULD BE DONE? QUESTION: One of my co-workers was arrested for assault. He’s out on bail while he waits for trial, and is still coming to work every day. I feel really uncomfortable, and can’t figure out why management hasn’t fired him. ANSWER: A worker who has been arrested and […]

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

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

| October 16, 2017

EMPLOYEE OUT ON JURY DUTY FOR THREE WEEKS AND COUNTING, WHAT CAN EMPLOYER DO? QUESTION: One of our workers was called to jury duty in a federal case. He’s been out for three weeks, and the case is still going. Meanwhile, work is not being done, we’re getting far behind, and we’re out his salary […]

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

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

| October 9, 2017

DOES THE U.S. JUSTICE DEPARTMENT POSITION MEAN AN END TO TRANSGENDER RIGHTS IN THE WORKPLACE? QUESTION: I read that the Justice Department says the Civil Rights Act does not apply to transgender people. Does this mean that the law has changed? ANSWER: The law, in this case Title VII of the Civil Rights Act of […]

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

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

| October 2, 2017

Ask The Lawyer, WINDSTORM SHUT THE OFFICE DOWN; DO WE STILL HAVE TO PAY SALARIED WORKERS? WINDSTORM SHUT THE OFFICE DOWN; DO WE STILL HAVE TO PAY SALARIED WORKERS? QUESTION: Overnight, a violent windstorm took out the power to our building, shutting down all our PCs. When employees arrived, we told them to go home […]

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