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- Chrysler Rollaway Tragedy Highlights Problems with Emerging Car Technology
15 July 2016
- Legal Issues Surrounding the Tragic Alligator Attack at Disney
28 June 2016
- System to Recall Defective Tires ‘Completely Broken,’ According to Official
13 June 2016
- Tennessee Pedestrian and Bicyclist Deaths Higher than in the last Twenty Years
6 June 2016
- Department of Justice Launches Targeted Elder Justice Task Forces
18 May 2016
- Johnson & Johnson Ordered to Pay $55 Million in Talc-Powder Cancer Trial
9 May 2016
- Jury Gives $8.2 Million Verdict for Former Painter for Benzene Exposure
15 April 2016
- Are some Truck Driver Hiding Dangerous Medical Conditions?
11 April 2016
- Invokana Lawsuits Grow, Plaintiffs Claim Negligence
24 March 2016
- Tennessee Employment Lawyer Blog
- No minimum wage or overtime for minor league baseball players?
29 June 2016
- Discrimination in the workplace based on Military Service
15 June 2016
- CCA in hot water for understaffing, again.
25 May 2016
- Uber Settles Driver Rights Lawsuit for $100 Million
28 April 2016
- Female soccer players file wage complaint against U.S. Soccer
31 March 2016
- Supreme Court Rules in Favor of Employees in Class Action Suit Against Tyson
24 March 2016
- Domino’s Drivers File FLSA Lawsuit
22 February 2016
- Lawmakers Seek Federal ‘Oversight’ Of Workers’ Compensation As States Limit Benefits
17 February 2016
- Red Garter Club Faces Lawsuit Over Unpaid Wages
28 January 2016
- Tennessee Estate Law Blog
- What Happens to My Estate if I Die Without a Will in Tennessee?
22 July 2016
- Help Protect Elders Against Fraud and Abuse
29 June 2016
- How Can I Avoid Probate in Tennessee? Start by Titling Assets with Purpose
17 June 2016
- I Have Young Children. What Should Be in My Will?
3 June 2016
- 4 Essential Estate Planning Documents Every Person Needs
18 May 2016
- Did Prince Have a Will? If Not, His Siblings Face Costly, Contentious, Avoidable Battles
27 April 2016
- Can I Force My Siblings to Sell Tennessee Property We Own Together?
15 April 2016
- What Happens to Your Online Accounts After You Die? A New Tennessee Law Provides Much-Needed Guidance
29 March 2016
- Glen Campbell’s Illness Demonstrates Importance of Advance Care and Estate Planning
17 March 2016
The Higgins Firm 525 4th Ave South Nashville, TN 37210 (615) 353-0930 www.thehigginsfirm.comWhat Really is a Tennessee Wrongful Death Case?
The Higgins Firm 525 Fourth Ave South Nashville, TN 37210 (615) 353-0930Recent Construction Accident Lawsuit filed in Tennessee
The Higgins Firm 116 Third Ave South Nashville, TN 37201 (615) 353-0930 www.thehigginsfirm.com
- 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.