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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
Donelson Nursing Home Banned from Taking New Patients after putting them in Danger Jury Awards Family $1.2 M in Nursing Home Abuse Case Wal-Mart Settles Accident Lawsuit with Actor Tracy Morgan I have a hired a personal injury lawyer, Now what? Nursing home residents forced to move after facility loses federal funding What is Involved in Obtaining a Divorce in Tennessee Can I Re-Open My Workers Compensation Case? State Bill Would Make Inspection Information Inadmissible in Court We are Now Reviewing Zofran Birth Injury Cases
Blog: Tennessee Employment Lawyer Blog
President Obama to raise wages for millions Why are FMLA Lawsuits on the Rise? Employers May Face Investigation if they are not paying their Employees Properly for Overtime Family and Medical Leave Act (FMLA) Protections for Same-Sex Spouses 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
Blog: Tennessee Estate Law Blog
BB King’s daughters claim ‘missing’ Will Tips for Choosing the Best Estate Plan for you A Living Trust Versus a last Will: Which one should I choose? Basics about Tennessee Probate 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!
President Obama to raise wages for millions: If you are working over forty hours a week and are not currently ... http://bit.ly/1JCPCEz— Jim Higgins (@TNLawyer) 3 days ago
Donelson Nursing Home Banned from Taking New Patients after putting them in Danger: When you have to make the ... http://bit.ly/1HwCf9U— Jim Higgins (@TNLawyer) June 11, 2015
Jury Awards Family $1.2 M in Nursing Home Abuse Case: According to this case, Doris Racher and her two sisters... http://bit.ly/1JDDiF2— Jim Higgins (@TNLawyer) June 8, 2015
Why are FMLA Lawsuits on the Rise?: Family Medical Leave has been around for a while now, but the Administrati... http://bit.ly/1HjlMWt— Jim Higgins (@TNLawyer) June 8, 2015
Wal-Mart Settles Accident Lawsuit with Actor Tracy Morgan: Car accidents can happen to anyone at any time. The... http://bit.ly/1Jmquo1— Jim Higgins (@TNLawyer) June 3, 2015
Employers May Face Investigation if they are not paying their Employees Properly for Overtime: Are you an empl... http://bit.ly/1J2cGyA— Jim Higgins (@TNLawyer) May 27, 2015
I have a hired a personal injury lawyer, Now what?: This is a question many people most likely have after taki... http://bit.ly/1FEN9eh— Jim Higgins (@TNLawyer) May 21, 2015
Nursing home residents forced to move after facility loses federal funding: It is disturbing to hear that a Me... http://bit.ly/1KdRrqB— Jim Higgins (@TNLawyer) May 5, 2015
Movers and Shakers: After a quick 12 years on 3rd and Broadway we have moved on down the road. Although, the m... http://bit.ly/1bYaMRv— Jim Higgins (@TNLawyer) May 4, 2015
What is Involved in Obtaining a Divorce in Tennessee: Making the decision to file for divorce is hard. However... http://bit.ly/1ztVKgU— Jim Higgins (@TNLawyer) May 4, 2015
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