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Questions Answered by Jim Higgins

1 Answer | Asked in Workers' Compensation for Tennessee on

Q: I quit my job but have issues with a W/C claim. Can I still make them treat my problem?

I was being forced to drive over the legal limit. So I quit as it was clear it was not going to stop. I have a work comp injury claim that I was released to go back to work with no restrictions. We never signed a release of any kind stating I had no injury. I still have nerve injury that causes... Read more »

Jim Higgins answered on Sep 19, 2012

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.

1 Answer | Asked in Workers' Compensation for Tennessee on

Q: My husband had carpal tunnel surgery and his wc case was closed with 0% impairment/both hands. We don't agree. What now?

Jim Higgins answered on Sep 19, 2012

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... Read more »

1 Answer | Asked in Workers' Compensation for Tennessee on

Q: Can a workers comp judge deny a settlement offer even if both parties agree?

Jim Higgins answered on Sep 19, 2012

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.

1 Answer | Asked in Employment Law for Tennessee on

Q: Is an insurance agent considered to be exempt for overtime

Jim Higgins answered on Apr 16, 2012

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.

1 Answer | Asked in Employment Law for Tennessee on

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.

Jim Higgins answered on Apr 16, 2012

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.

1 Answer | Asked in Employment Law for Tennessee on

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?

Jim Higgins answered on Dec 13, 2011

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

1 Answer | Asked in Employment Law for Kentucky on

Q: I recently, 3 months ago, started a new job with a Dental office. I have been ''jokingly'' referred to as ''old man'' .

By the owner/dentist. I have been doing my job to the best of my abilities but have been feeling the stress and pressure of being overworked. They are uncaring and keep piling on the number of cases to be completed each day. Yes I am older, 52 this year, but take pride in my work and have a... Read more »

Jim Higgins answered on Dec 13, 2011

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.

1 Answer | Asked in Employment Law for Kentucky on

Q: Is it legal to pay someone in cash and a check but take out taxes on both and not pay you for overtime.

Jim Higgins answered on Dec 13, 2011

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... Read more »

1 Answer | Asked in Employment Law for Tennessee on

Q: I worked for a company with approx.10 employees. My employer cut my pay by 50% without any written notice is that legal?

Jim Higgins answered on Dec 3, 2011

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... Read more »

1 Answer | Asked in Employment Law for Tennessee on

Q: I work forty to fifty hours a week and im seventeen an my boss only pays me 100 to 200 a week what should i do?

And he wouldn't write me a check this week because i didnt come into work yesterday. . But to help make things clear it was my day off

Jim Higgins answered on Nov 27, 2011

It sounds like your employer is violating the Fair Labor Standards Act. In general an employer has to pay at least $7.25 an hour for the first 40 hours worked in a week and then 1.5 times the hourly wage for all hours worked after 40 hours per week. You can contact our office to discuss further... Read more »

1 Answer | Asked in Employment Law for Tennessee on

Q: I am a salary paid worker, They are having me work 60 + hrs. per week. i receive NO EXTRA pay! But if I take time off

They want to dock me for that days pay? Can i get paid for all time they have made me put in?

Jim Higgins answered on Nov 27, 2011

In general if you are either an exempt salary employee or an hourly employee. If you are an exempt salary employee you should get the same amount of pay each week you work no matter how many hours you work. An employer can't get the benefits of not paying overtime for working over 40 hours a week... Read more »

2 Answers | Asked in Employment Law for Tennessee on

Q: I was terminated about 30 days ago from a sales position in TN and am owed $3,100 in commission. How can I find a lawyer

How can I go about located a quality employment lawyer in TN (preferably in Bledsoe county)?

Jim Higgins answered on Nov 27, 2011

In Tennessee commissions are generally controlled by company policy. Did you have a handbook that discussed what happens to commissions after termination? You are welcome to call or email my office if you would like to discuss.

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1 Answer | Asked in Employment Law for Tennessee on

Q: There is currently a lawsuit filed by a coworker in regards to not being paid for time worked.

We do not receive lunch breaks and are not paid for it. If he wins the suit will they be required to pay all the affected employees or only those parties involved in the suit?

Jim Higgins answered on Aug 5, 2011

Most likely only the parties involved in the suit or people who file their own suit will get back pay.

1 Answer | Asked in Personal Injury for Tennessee on

Q: Do you need a lawyer for neglect in daycare?

Jim Higgins answered on Aug 5, 2011

It really depends on the severity of the case and what you want to accomplish. Some matters are better handled through the government regulating body. Cases that involve serious or life changing damages likely need the help of an attorney.

1 Answer | Asked in Personal Injury for Tennessee on

Q: Husband seriously injured on job in Tennessee. Employer exempt from wc only 4 emp. Any avenues?

Jim Higgins answered on Aug 5, 2011

It depends. What type of work did he do? Some work, like construction, does not require a 5 employee minimum. Also, if the injury was not your husband's fault he could bring a straight negligence claim.

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