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Tag: Esq.

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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 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 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 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

| 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 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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