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Jurisdictions Admitted to Practice
|The Higgins Firm PLLC|
|University of Memphis||J.D.|
|Member, Tennessee Bar Association|
|Member, Georgia Bar Association|
- Overall: 122nd
- 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.
WEBSITES & BLOGS
Website: The Higgins Firm Website
Website: Jim Higgins Website Profile
Website: Higgins Firm Employment law Website
Website: The Higgins Firm Workers Compensation Website
Website: The Higgins Firm Product Recall Website
Website: The Higgins Firm Knoxville Employment Website
Website: Jim Higgins Knoxville Employment Website Profile
Website: The Higgins Firm Estate Law Website
Website: Jim Higgins Nursing Home Abuse Website Profile
Website: The Higgins Firm Nursing Home Abuse Website
Website: The Higgins Firm Personal Injury Website
Website: Jim Higgins Personal Injury Website Profile
Blog: Tennessee Injury Lawyer Blog
Warning Signs of a Bad Nursing Home Are Tennessee’s Courts for Sale? Stryker Hip Replacement Litigation Litigation Concerning the Drug Xarelto Pradaxa Lawsuits Settle for Millions Suspected Nursing Home Abuse in Nashville, Tennessee Tennessee Construction Accident Lawsuit Nursing Home Operators Hiding? Nursing Home Sued for Hiring Strippers
Blog: Tennessee Employment Lawyer Blog
Tennessee’s New Employee Online Privacy Act of 2014 What Does it Mean if Your Case is Chosen for Mediation at the EEOC Computer Professional Exemption and Overtime Overtime- Am I Exempt? The Computer Professional Exemption Tennessee Is an At Will Employment State. So what does that mean? Equal Pay for Equal Work … Seems Fair, Right? Genetic Information Discrimination Class-Action Settlement Protecting Female Workers Independent Contractors vs. Employees
Blog: Tennessee Estate Law Blog
What Happens to your Debt after you Die? Knowing When to Utilize a Power of Attorney or Conservatorship Understanding the Implications of Using a Power of Attorney Administering an Estate in Tennessee The Dangers of Drafting and Executing a Will on Your Own Small Estate Affidavit Limit Increased to $50,000 Probate Misconceptions- Disinheriting an Heir for a Dollar? Understanding Probate and Non-Probate Assets Digital Assets Within your Estate Plan
Warning Signs of a Bad Nursing Home: When it comes time to start thinking about putting a loved one in a nursi... http://bit.ly/1q3c1Cs— Jim Higgins (@TNLawyer) August 22, 2014
Are Tennessee’s Courts for Sale?: After last night’s election, it is clear that the efforts of the out-of-stat... http://bit.ly/1oNidhd— Jim Higgins (@TNLawyer) August 8, 2014
Tennessee’s New Employee Online Privacy Act of 2014: Do you ever worry that what you say, or post, online mig... http://bit.ly/1so5vab— Jim Higgins (@TNLawyer) August 4, 2014
Stryker Hip Replacement Litigation: The litigation concerning Stryker Orthopaedics’ Stryker Rejuvenate and Str... http://bit.ly/1tCyVmL— Jim Higgins (@TNLawyer) August 1, 2014
What Does it Mean if Your Case is Chosen for Mediation at the EEOC: The Equal Employment Opportunity Commissio... http://bit.ly/1xlsn9z— Jim Higgins (@TNLawyer) July 27, 2014
Litigation Concerning the Drug Xarelto: Lawsuits concerning the prescription drug Xarelto (rivaroxaban) might ... http://bit.ly/1lEDNjj— Jim Higgins (@TNLawyer) July 25, 2014
Equal Pay for Equal Work … Seems Fair, Right?: On Wednesday, April 16, 2014, Senate Republicans blocked—for th... http://bit.ly/1iOazhb— Jim Higgins (@TNLawyer) April 14, 2014
Nursing Home Execs Donate Money to Arkansas Judicial Campaigns: According to new reports, key players in Arkan... http://bit.ly/1e67z2q— Jim Higgins (@TNLawyer) April 7, 2014
Winning a Tennessee Slip and Fall Case: How hard is it to win a slip and fall case in Tennessee? Very hard! ... http://bit.ly/1cxEQ5O— Jim Higgins (@TNLawyer) March 12, 2014
Tennessee Rehab Facility Settle Suit Over Patient’s Death: A Tennessee rehab facility recently settled a case ... http://tinyurl.com/klkspcm— Jim Higgins (@TNLawyer) January 10, 2014
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