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Tag: By Daniel A. Gwinn

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

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

| January 22, 2018

CONFUSED ABOUT SEXUAL HARASSMENT LAWS, FMLA REQUIREMENTS, OR WHAT ACTS CONSTITUTE DISCRIMINATION IN THE WORK PLACE? INVITE DANIEL GWINN TO CUT THROUGH THE LEGALESE IN AN INFORMATIVE SEMINAR ON EMPLOYMENT AND HR ISSUES A firm offering in-home care worried its sexual harassment and social media policies might be out of date, or hard to follow, […]

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

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

| January 8, 2018

AFTER QUITTING OLD JOB AND MOVING TO NEW TOWN, NEW HIRE ISN’T WORKING OUT QUESTION: We recently hired a woman who appeared to be an excellent candidate for an upper level position with our firm: She had been doing similar work for a well-known company, and had several years of relevant experience. We offered her […]

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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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