Andrey T. Tomkiw’s Answers

Andrey T. Tomkiw

Royal Oak Business Attorney.

Contributor Level 10
  1. I need to find a tax attorney who can advise me on setting up my internet based business (LLC, S-Corp, etc..)

    Answered over 1 year ago.

    1. John F. Brennan
    2. Andrey T. Tomkiw
    3. James T. Weiner
    3 lawyer answers

    We are attorneys for business and represent many entrepreneurs in your situation. Our website is www.tomkiwenwright.com. Please feel free to contact me at your convenience.

    1 lawyer agreed with this answer

  2. Is it legal to require a person have a driver's license to keep employment?

    Answered over 1 year ago.

    1. Mickey David Larson
    2. James M. Osak
    3. Andrey T. Tomkiw
    3 lawyer answers

    An employer may require that an employee posses a drivers license. However, if there is no job related reason, it could create a disparate impact analysis. Michigan has not yet recognized that. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The...

    1 lawyer agreed with this answer

  3. My boss and I don't get along and has cut my hours from 45 plus to 20 or less to push me to quit and not be able to collect

    Answered over 1 year ago.

    1. Michael L. Van Erp
    2. Andrey T. Tomkiw
    3. James M. Osak
    3 lawyer answers

    A reduction in hours qualifies you to apply for unemployment. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts...

    1 lawyer agreed with this answer

  4. Can a employer suspend you for something, unsuspend you an hour later. but, two days later suspended you again?

    Answered over 1 year ago.

    1. Joel B. Sklar
    2. Andrey T. Tomkiw
    3. James M. Osak
    3 lawyer answers

    Unless you are a union employee whose discipline is governed by a collective bargaining agreement, yes, the employer can suspend you pending an investigation. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited...

    1 lawyer agreed with this answer

  5. How do we stop a website from unfairly posting untrue information?

    Answered over 1 year ago.

    1. John F. Brennan
    2. Andrey T. Tomkiw
    3. James T. Weiner
    3 lawyer answers

    I had a similar situation with a client recently. The most aggressive tactic is to file a complaint seeking injunctive relief. It is costly, and you need to make sure that there are legal grounds for the relief you seek. Short of taking legal action, you seem to be doing about all you can do.

    1 lawyer agreed with this answer

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

    Answered 12 months ago.

    1. Michael Charles Doland
    2. Charles Michael Standard
    3. Andrey T. Tomkiw
    3 lawyer answers

    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.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. My position was elimitated so I was told, co workers say someone is doing my job and when i ask no response, Do I have a case?

    Answered over 4 years ago.

    1. Andrey T. Tomkiw
    1 lawyer answer

    Just because your position was eliminated, does not mean the job does not need to get done. If they hired someone new to do it, that looks suspect. If they just had someone there already assume those duties, it is pretty common. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be...

    1 person marked this answer as helpful

  8. I am appealing a fired for misconduct decision, should I retain counsel, I do not have money for one? Are there other options?

    Answered over 4 years ago.

    1. Andrey T. Tomkiw
    1 lawyer answer

    Assuming you are an at will employee, they can fire you for any reason, no reason, even a bad or incorrect reason, so long as it is not an unlawful reason. I see no unlawful actions in your fact pattern. you should examine the motivation of the discharge to see if there is a cause of action. To fight for your unemployment, you can get a free advocate. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an...

    1 person marked this answer as helpful

  9. I resigned and believe my employer lost the noncompete. Can I ask for a copy of it or are they obligated to give it to me?

    Answered over 4 years ago.

    1. Andrey T. Tomkiw
    1 lawyer answer

    under the Bullard Plawecki Employee Right to Know Act, you are entitled to view and then receive a copy of your personnel file. If they have the non-compete, it will be in there. You should have the non-compete reviewed by qualified counsel, to determine the extent of its enforceability. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything...

    1 person marked this answer as helpful

  10. In Michigan, would a community concert band need to incorporate in order to obtain a 501(c)(3) designation?

    Answered over 4 years ago.

    1. Andrey T. Tomkiw
    1 lawyer answer

    You 1st need to form some sort of non profit entitiy like a corporation at the state level, then apply for tax exempt status with the IRS. However, I question if a community concert band qualifies for 501(c)(3) status. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon...

    1 person marked this answer as helpful