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Tag: Troy attorney

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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, 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

| 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.

| 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 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.

| 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.

| December 4, 2017

HOW DOES THE GRINCH WRECK YOUR OFFICE HOLIDAY PARTY? WITH LITIGATION, OF COURSE! Best holiday wishes to all our friends and clients! It’s that time of the year again where employers across the state begin planning their workplace holiday party. Our annual tradition is to post an article about some of the legal risks present […]

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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 12, 2017

SAME JOB FOR OVER A YEAR, BUT NO FMLA? QUESTION: I was hired through a staffing agency to work for an engineering firm, and worked for the company – with my pay and benefits from the staffing agency – for 10 months. Eight months ago, I was hired directly by the engineering firm. Three weeks […]

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

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

| October 30, 2017

GRIPING LEADS TO LAY-OFF QUESTION: Until recently, I worked at a large company. The building had an office inside a large warehouse area in which vehicles were often tested. Sometimes I could smell the fumes from the vehicles, but it didn’t bother me. One day, the fumes from the vehicles were so bad that you […]

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