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Tag: Employment law

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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.

| 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, Is Cancer a Disability?

Ask The Lawyer, Is Cancer a Disability?

| March 26, 2018

IS CANCER A DISABILITY? QUESTION: I was diagnosed with breast cancer last month. My employer seemed sympathetic and told me I should schedule leave when I need it, but last week I was laid off. I was told the company was restructuring, and my position was being eliminated. I think I was laid off because […]

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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 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.

| 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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