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Tag: By Daniel A. Gwinn

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Ask The Lawyer, WE CAN BE THANKFUL THAT THE LAWS THE PILGRIMS ENACTED ARE NOT AROUND TODAY!

Ask The Lawyer, WE CAN BE THANKFUL THAT THE LAWS THE PILGRIMS ENACTED ARE NOT AROUND TODAY!

| November 16, 2018

WE CAN BE THANKFUL THAT THE LAWS THE PILGRIMS ENACTED ARE NOT AROUND TODAY! QUESTION: I was watching the old movie “The Scarlet Letter,” set in the time of the Pilgrims, and wondered what were the laws like back then? ANSWER: Pilgrims, from the start, embraced a form of democratic government and recognized basic rights, […]

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

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

| November 3, 2018

WEIGHTY QUESTION: WHAT TO DO WHEN WORKER BECOMES “TOO FAT” TO PERFORM JOB? QUESTION: I run a cleaning service in the Detroit metro area. One of my workers, “Mary”, began to put on weight a couple of years ago; my guess is she has gained at least 100 lbs. She is now morbidly obese. I’m […]

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

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

| October 8, 2018

SEXUAL HARASSMENT SOMETIMES HARD TO DEFINE QUESTION: With all the talk of sexual harassment and the #MeToo Movement, I’m afraid to interact with women at work, in case I somehow offend them. How can I make sure that normal office behavior isn’t somehow seen as sexual harassment? ANSWER: Sexual harassment in the workplace is not […]

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

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

| September 17, 2018

SOMEONE HAS TO GO – OK TO LAYOFF WORKER WHO RECEIVES SOCIAL SECURITY AND WON’T FEEL THE PAIN AS MUCH?! QUESTION: Our sales were way down last year, so we have to lay off a couple of workers. It’s a really hard decision. One of our long-term employees started receiving social security retirement benefits a […]

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

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

| April 21, 2018

PENALTY FOR UNEMPLOYMENT FRAUD REDUCED — BUT NOT UNTIL JULY QUESTION: Two years ago, I received unemployment benefits when I shouldn’t have, and the Unemployment Insurance Agency asked me to repay the benefits, plus a quadruple penalty. I heard that the penalties have changed, can I ask for a break? ANSWER: You heard right. The […]

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

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

| April 9, 2018

SALARY HISTORY A NO-NO IN JOB INTERVIEW? QUESTION: One of my co-workers says it’s illegal to ask about a job applicant’s salary at their last job. I say there’s no law against it. There’s $20 riding on your answer. Who’s right? ANSWER: Technically, you both are. There is no law in Michigan against asking a […]

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Ask The Lawyer By: Daniel A. Gwinn, Esq

Ask The Lawyer By: Daniel A. Gwinn, Esq

| March 18, 2018

QUESTION: An employee filed a complaint with our Payroll Department, stating his hours had been incorrectly calculated. We decided to investigate his claim and I met with him. I told him he should not discuss any information related to the investigation until it’s over. This is our policy; it’s in the Employee Handbook. He told […]

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Ask The Lawyer By: Daniel A. Gwinn, Esq

Ask The Lawyer By: Daniel A. Gwinn, Esq

| March 12, 2018

CANCER AWARENESS PIN VICTIM OF OVERLY BROAD DRESS CODE QUESTION: The company I work has a dress code that prohibits wearing any kind of “message” clothing when dealing with the public. I wore a little pin on my lapel for Cancer Awareness, and my boss told me to take it off or go home. Isn’t […]

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

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

| February 4, 2018

TO BE A TRUSTEE OR NOT TO BE? ANSWER DEPENDS ON TRUST – AND YOU QUESTION: My father, a retired French professor, wants to set up a trust that will pay for each of his 21 grandchildren (now ages 2 to 23) to spend a semester in Paris when they are of college age (or […]

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

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

| January 28, 2018

MAY RACIST RESIDENT INSIST ON HAVING WHITE CAREGIVER? QUESTION: I own a residential facility for severely handicapped adults. One of our residents will only accept care from white, non-Hispanic caregivers. Most of our staff is black or Latino; trying to schedule our two white caregivers to meet this resident’s schedule is a nightmare, and it […]

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