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- Elder Law
- Employment Law
- Medical Malpractice
- Personal Injury
- Products Liability
- Workers' Compensation
Additional Practice Areas
- Car Accidents
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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: 109th
- Overall: 15 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
Blog: Tennessee Injury Lawyer Blog
Nursing Home Sued for Hiring Strippers Tennessee Low-T Litigation Nursing Home Execs Donate Money to Arkansas Judicial Campaigns Recent Events Involving Nursing Home Abuse Winning a Tennessee Slip and Fall Case Drug Causing Growth of Male Breast Tissue Tennessee Chiropractic Malpractice Cases Man Dies at Florida Nursing Home Facility Tennessee Rehab Facility Settle Suit Over Patient’s Death
Blog: Tennessee Employment Lawyer Blog
Equal Pay for Equal Work … Seems Fair, Right? Genetic Information Discrimination Class-Action Settlement Protecting Female Workers Independent Contractors vs. Employees FLSA Exemption: Motor Carrier Exemption Employment At-Will, What Does It Actually Mean? Employment Non-Discrimination Act (ENDA): One Hurdle Passed Choosing the Right Employment Lawyer For You The Higgins Firm's Newest Addition
Blog: Tennessee Estate Law Blog
How Long Does it Take to Probate an Estate in Tennessee? Is Your Out of State Will Valid in Tennessee? Attorney Jim Higgins Discusses Dying without a Will Revoking Your Will Important Steps for Every Estate Plan What Happens If Someone Dies Without a Will in Tennessee? Tennessee Probate Options Your Property Becoming the State’s Property? Jim Higgins Discusses Essential Legal Documents
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
Class-Action Settlement Protecting Female Workers: Back in 2002, a woman named Shirley Ellis filed a complaint... http://bit.ly/1erz9SO— Jim Higgins (@TNLawyer) January 8, 2014
The Impact of Tennessee Medical Malpractice Reform: In the last five years, the Tennessee legislature has made... http://bit.ly/1ddC1Rm— Jim Higgins (@TNLawyer) January 2, 2014
New Regulations Upsetting Truck Drivers: Nearly a decade ago, the United States Department of Transportation (... http://bit.ly/1jiU4OH— Jim Higgins (@TNLawyer) December 18, 2013
Independent Contractors vs. Employees: If you have spent time in the working arena then you are likely familia... http://bit.ly/1iUcFQX— Jim Higgins (@TNLawyer) December 10, 2013
FLSA Exemption: Motor Carrier Exemption: Around 80 years ago a piece of legislation was passed that forever ch... http://bit.ly/1iR7kHE— Jim Higgins (@TNLawyer) November 26, 2013
Sex Offenders in Nursing Homes: Where do elderly sex offenders go when they can no longer take care of themsel... http://bit.ly/18NCyI1— Jim Higgins (@TNLawyer) November 19, 2013
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