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|The Higgins Firm PLLC|
|University of Memphis||J.D.|
|Member, Tennessee Bar Association|
|Member, Georgia Bar Association|
- Overall: 16 Answers
Q. I quit my job but have issues with a W/C claim. Can I still make them treat my problem?
A: You have one year to pursue the claim. If a year hasn't passed they should provide treatment. However, the longer it has been since your last visit to the doctor the more difficult it will be to obtain care. You may want to contact the TN dept of labor, workers compensation division.
Q. My husband had carpal tunnel surgery and his wc case was closed with 0% impairment/both hands. We don't agree. What now?
A: You have a couple of options. You can hire another doctor to give a second opinion as to impairment or if the doctor gave him any restrictions you can request a second opinion through the department of labor. If you need to hire another doctor I would contact a lawyer with work comp experience as they will know which doctor is best for a second opinion. Feel free to contact my office.
Q. Can a workers comp judge deny a settlement offer even if both parties agree?
A: Yes. Ultimately it is up to the judge to make sure the settlement gives the employee all the benefits they would be entitled to under the workers compensation act. If the judge does not believe it is fair he or she can deny it.
Q. Is an insurance agent considered to be exempt for overtime
A: It really depends on their job duties. Often insurance agents fall under the outside sales exemption or the administration exemption. To know if these specific agents are exempt you would really need to set forth a detail description of their job duties and pay structure.
Q. If I'm fired for having ptsd, do I have a case? i have been to Iraq twice and that is where it started.
A: It depends. PTSD is likely a disability under the ADA if it substantially limits one or more major life activities. If this is the case for you the next question is can you perform your job with a reasonable accommodation. If so and the employer fires you any way the termination may be illegal.
Q. I have been issued a right to sue letter by the EEOC do I have to have a lawyer to file lawsuit or can I file it myself?
A: Anyone can represent themselves in Court. As such, you do not have to have a lawyer to file suit. I will warn you, however, that the law can be complicated and difficult so be careful. Good luck
Q. I recently, 3 months ago, started a new job with a Dental office. I have been ''jokingly'' referred to as ''old man'' .
A: There is no limit on the hours that can be required to work, however, if you work over 40 hours per week you may be entitled to overtime under the FLSA.
Q. Is it legal to pay someone in cash and a check but take out taxes on both and not pay you for overtime.
A: An employer can pay in cash or check. Taxes are not optional so they have to be paid no matter how you are paid. As to overtime, as long as you are non-exempt under the FLSA you should receive it for all hours worked over 40 in one week. It really depends, however, on how you are paid and what type of work you do.
Q. I worked for a company with approx.10 employees. My employer cut my pay by 50% without any written notice is that legal?
A: As long as your employer tells they are going to cut your pay and it is not for work already performed the reduction is likely legal. Keep in mind that the fair labor standard act will apply if you are a non-exempt employee. As such, you still should obtain overtime and must be paid for each hour worked.
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Blog: Tennessee Injury Lawyer Blog
Former Assistant Public Defender LaBrec Joins The Higgins Firm Finding the Right Tennessee Car Accident Lawyer Federal Judicial Panel Asked To Consolidate Xarelto Lawsuits in Federal Court Xarelto Litigation on the Rise Highway Guardrails Are Killing Drivers, Says Industry Insider Changes in CMS Reporting Tennessee Woman Files da Vinci Robot Lawsuit over Botched Procedure Arbitration Agreements National Airbag Recall
Blog: Tennessee Employment Lawyer Blog
Get your hands off my Tips! Are “Independent Contractors” entitled to overtime? Ex-UPS Worker's Pregnancy Discrimination Case Is Going To The Supreme Court EEOC Sues Restaurant for Pregnancy Discrimination Publix Super Markets Inc. to pay $6.8 million to job applicants Is Refusal to Provide Light Duty Work a Violation of the Pregnancy Discrimination Act? Most Common Overtime Pay Myths Tennessee’s New Employee Online Privacy Act of 2014 What Does it Mean if Your Case is Chosen for Mediation at the EEOC
Blog: Tennessee Estate Law Blog
Estate Planning New Year’s Resolutions Tennessee Probate Inheritance Taxes The Importance of Estate Planning for Those who are Single Divorce and its Effect on Estate Planning in Tennessee The Higgins Firm Wishes You a Happy Thanksgiving! Meeting with a Tennessee Probate Attorney National Estate Planning Awareness Week Fast Facts about Tennessee Probate Preventing Family Feuds with Tennessee Estate Planning
Finding the Right Tennessee Car Accident Lawyer: Commercials, Billboards, Websites…. how can you pick a car ac... http://bit.ly/1LMEXrH— Jim Higgins (@TNLawyer) 18.6 hours ago
Former Assistant Public Defender LaBrec Joins The Higgins Firm: The Higgins Firm is pleased to announce that C... http://bit.ly/1BZAyzZ— Jim Higgins (@TNLawyer) 19.6 hours ago
Get your hands off my Tips!: So you have a wonderful dinner at your favorite restaurant and you would like to ... http://bit.ly/1ul0Yt1— Jim Higgins (@TNLawyer) February 6, 2015
Federal Judicial Panel Asked To Consolidate Xarelto Lawsuits in Federal Court: Residents in Tennessee and peop... http://bit.ly/1IbhzWv— Jim Higgins (@TNLawyer) February 5, 2015
Xarelto Litigation: Xarelto is one of the latest drugs on the market to come under attack due to its potential... http://bit.ly/1Cwapr8— Jim Higgins (@TNLawyer) January 23, 2015
Highway Guardrails Are Killing Drivers, Says Industry Insider: Tennessee drivers and drivers all across the Un... http://bit.ly/1vOJI9D— Jim Higgins (@TNLawyer) January 4, 2015
Are “Independent Contractors” entitled to overtime?: One way some employers will attempt to avoid the overtime... http://bit.ly/1wZkJFT— Jim Higgins (@TNLawyer) December 29, 2014
Changes in CMS Reporting: Four hundred and forty thousand people die every year from preventable medical error... http://bit.ly/1E9jpoT— Jim Higgins (@TNLawyer) December 23, 2014
Tennessee Woman Files da Vinci Robot Lawsuit over Botched Procedure: According to a recent lawsuit, the plaint... http://bit.ly/1vwjiho— Jim Higgins (@TNLawyer) December 5, 2014
Ex-UPS Worker's Pregnancy Discrimination Case Is Going To The Supreme Court: This case has been winding its wa... http://bit.ly/1AcdGss— Jim Higgins (@TNLawyer) December 2, 2014
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