- Elder Law
- Employment Law
- Medical Malpractice
- Personal Injury
- Products Liability
- Workers' Compensation
- Estate Planning
- Family Law
- Civil Rights
- Nursing Home Abuse & Neglect
- Insurance Claims
- Social Security Disability/SSI
Additional Practice Areas
- Car Accidents
- Free Consultation
Jurisdictions Admitted to Practice
|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.
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
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 Former Assistant Public Defender LaBrec Joins The Higgins Firm Movers and Shakers Finding the Right Tennessee Car Accident Lawyer
Blog: Tennessee Employment Lawyer Blog
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 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
Blog: Tennessee Estate Law Blog
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! Meeting with a Tennessee Probate Attorney National Estate Planning Awareness Week Fast Facts about Tennessee Probate
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
Family and Medical Leave Act (FMLA) Protections for Same-Sex Spouses: According to a Final rule recently adopt... http://bit.ly/1cWoCEB— Jim Higgins (@TNLawyer) April 21, 2015
Can I Re-Open My Workers Compensation Case?: We get this question a lot and not to sound like a lawyer but the... http://bit.ly/1Duu5rD— Jim Higgins (@TNLawyer) April 20, 2015
State Bill Would Make Inspection Information Inadmissible in Court: As in any State, Tennessee performs regula... http://bit.ly/1FMrksx— Jim Higgins (@TNLawyer) April 14, 2015
We are Now Reviewing Zofran Birth Injury Cases: Our firm is currently reviewing Zofran Birth Injury Cases. Zo... http://bit.ly/1HvcLqJ— Jim Higgins (@TNLawyer) March 10, 2015
We are Now Reviewing Zofran Birth Injury Cases: Our firm is currently reviewing Zofran Birth Injury Cases. Zo... http://bit.ly/1GHKpcr— Jim Higgins (@TNLawyer) March 2, 2015
Finding the Right Tennessee Car Accident Lawyer: Commercials, Billboards, Websites…. how can you pick a car ac... http://bit.ly/1LMEXrH— Jim Higgins (@TNLawyer) February 26, 2015
CONTACT & MAP