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Andrey T. Tomkiw

Andrey Tomkiw’s Answers

95 total


  • Is there any way to get rehired after signing a voluntary separation agreement?

    I took a voluntary buyout from a previous employer in 2009. In the agreement it states that I can’t apply for a job with the company or any of its subsidiaries ever again. I was approached by a manager at the company recently stating that they c...

    Andrey’s Answer

    The Agreement can be voluntarily amended by the parties. So if they agree, you can go work for them But get it in writing.

    This reply should not be construed as legal advice nor does it establish any attorney client relationship.

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  • My question is if you were fired from a job for drug use and was not tested is that legal in the state of michigan

    MICHIGAN EMPLOYMENT SECURITY ACT (EXCERPT) Act 1 of 1936 (Ex. Sess.) (i) The individual tests positive for a controlled substance and lacks a valid, documented prescription, as defined in section 17708 of the public health code, 1978 PA 36...

    Andrey’s Answer

    In Michigan your employment is at-will. This mean you can be fired any any reason, no reason, even a false reason; you just cannot be fired for an illegal reason. However, you may be eligible for unemployment benefits if they can't prove misconduct.

    This reply should not be construed as legal advice nor does it establish any attorney client relationship.

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  • Can job title and some wages be taken from you for taking a short medical leave?

    I took a short medical leave of 13 working days, which was suggested by my doctor and approved by my place of employment. When I returned to work, I was told my health was interfering with my job and I lost some of my hourly wages. I was also to...

    Andrey’s Answer

    The ADA and PWDA prohibit retaliation for taking leave. You should consult with a GOOD plaintiff employment counsel. Sounds like a good lawsuit to me. I only do defense, but would happily provide you with a referral.

    This reply should not be construed as legal advice nor does it establish any attorney client relationship.

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  • What are my options ?

    i was at work this saturday and the line was shut down temporary as i drive a forklift i had nothing to move, the owner of the company showed up and proceeded to use every word in the book to chew me out but then he grabbed me by the shirt and pus...

    Andrey’s Answer

    You should file a police report.

    This reply should not be construed as legal advice nor does it establish any attorney client relationship.

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  • Can my employer divulge my personal medical information to other employees without my permission?

    I had a serious illness and my employer required a note from my physician, he then shared my medical information with my co workers.

    Andrey’s Answer

    If there is no business necessity to share the medical information, the employer may not disclose it to your co workers.

    This reply should not be construed as legal advice nor does it establish any attorney client relationship.

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  • Is my employer required to compensate me for being on call. When hired I was not informed of this.

    I was not informed I would need to available at all times. He also has me use my car and takes my car without asking . He said he does not have to compensate me for being on call or for using my car as a company vehicle.

    Andrey’s Answer

    You do not need to be compensated for being on call if you can readily use the time for your own personal reasons. Also, you must be given the option to refuse the call and a reasonable time to respond The DoL website has more info on this. http://www.dol.gov/whd/regs/compliance/whdfs22.pdf .

    Also, they are not required to reimburse you for use of your car.

    This reply should not be construed as legal advice nor does it establish any attorney client relationship.

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  • Can I stop a prior employer from blacklisting me?

    I was an at will, contract employee and quit my position without notice. I suspect I've been blacklisted. I've had several interviews which went very well, was told I'd be contacted soon but have not been contacted since. My contract clearly state...

    Andrey’s Answer

    • Selected as best answer

    A prior employer has immunity for disclosing anything that is contained in your personnel file. But if they do, they must advise you in writing. If they are saying something that is untruthful, then you may have an action for a tortious interference claim.

    This reply should not be construed as legal advice nor does it establish any attorney client relationship.

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  • Employment related issue. Previous employer asking money to reject offer

    I signed an employment offer letter which has a contract clause saying that if I leave the offer after signing it, I have to pay $5000 as a Penalty. I have already paid $2000 and I don't want to pay anymore. Also i don't want to create bad credit ...

    Andrey’s Answer

    It all depends on the reason for the $5,000. If it is to reimburse them for a specific expenditure on your behalf, they can collect it. But generally speaking, it is unlawful if it merely serves as a disincentive for you to leave.

    This reply should not be construed as legal advice nor does it establish any attorney client relationship.

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  • Can I flip my corporation name an not get charged personally

    so the corp is in my name but it's really my husband store. we got hit with $8000 deposit fee from con ed ans the dept of finance is hitting me with a $2800 fine for a ticket we receive that we have no knowledge of. if I changed corp can the ...

    Andrey’s Answer

    I suspect the fine goes to the company and not you individually. Switching it into your husband's name will not make a difference.

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  • California corporation officers ignored my multiple written requests for shareholder information and may confiscate my shares.

    I am a physician shareholder in a medical group incorporated in California. Over the past year, the corporation's officers have ignored multiple emails in which I requested the record of shareholders, accounting information and meeting minutes, a...

    Andrey’s Answer

    This appears to be a classic example of minority shareholder oppression. I would suggest you find a qualified attorney that handles these matters. Make sure to carefully screen the attorney. This is not legal advice and should not be construed as such.

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