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Gregory L. Ulrich

Gregory Ulrich’s Answers

12 total


  • Does a non public record show up on a pre-employment background check in Michigan?

    I was convicted of a misdemeanor back a few months ago I was granted the HYTA status and my record was non public and would expunged at the end of my probation and I'm going to a interview where a background check is conducted will that conviction...

    Gregory’s Answer

    Non-Public records in Michigan might show up if the final order was not filed and sent to the Michigan State Police Central Records division by the Court. You need to verify that that last step was accomplished. Certain other 3rd party databases may have the information, too. See your prior attorney.

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  • My supervisor,work group leader,told all employees my confidential information,can she do that?

    She told all the coworkers why I had to leave work early one day,dont we have employee confidiantly

    Gregory’s Answer

    Generally, supervision, group leaders and executive staff have a need to know the reason for use of leave time (look at the policy manual), the exact details, especially if medical in nature, are not needed. Disclosing to others (third parties, co-workers) medical conditions gives rise to a additional issues.

    See an attorney. Employment matters require considerable investigation to arrive at a recommendation.

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  • Can I sue my sons school/ and or principle and truant officer?

    We just moved to Michigan and my thirteen year old son who has adhd and ashburger and is on medication started a new school. He is on an iep for his disorder. The school principle and truant officer held my son down and cut the hood off his hoody ...

    Gregory’s Answer

    Although an IEP or 504 Plan may incorporate actions and accommodations to be followed by the team of teachers, counselors and administrators, the public release of information is actionable. While governmental immunity may be a defense a school district might assert, there are situations where it does not apply. An individual teacher may be liable. There may be insurance and legal defense available to a teacher in that situation, Witnesses and prior actions by the school need to be investigated.

    An attorney needs to be consulted.

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  • Do I have a case that can be won with a real estate attorney?

    Purchased home 1 year ago, sellers disclosures stated no signs of water damage. Seller covered up current water damage stains. Black mold was present from this water problem in the basement which was in my climate control ducting spreading it all ...

    Gregory’s Answer

    As part of a Michigan attorney's background investigation of your situation, there is a need to examine the terms of the Purchase Agreement regarding condition of the property, "as-is" language, whether an independent inspection was done on your behalf, an experts's review of where the mold originated and spread, and whether it was possible for the Seller to have known.

    Was there an Arbitration provision in the Purchase Agreement that might limit a court remedy?

    A Seller Disclosure in Michigan is primarily to limit Broker liability; but it is not a waiver of Seller liability. The problem of "silent fraud", where the Seller says nothing, is something that also has to be evaluated, since Michigan has a line of precedent setting cases that deal with that issue and limit Seller liability.

    An attorney should be consulted. This may be costly to pursue.

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  • I was fired and my employer has sent me a letter accepting my resignation. Does this mean they are trying to say I resigned?

    I worked in a sales position and was fired along with three other co-workers due to our sales performance. I did not sign anything nor did I write a letter saying that I resign. Today I got a letter informing me that they have accepted my resignat...

    Gregory’s Answer

    See an employment lawyer soon. All employment matters are fact sensitive.

    Whether the letter was a HR "form" letter, by mistake, or actually drafted to characterize your departure as a resignation, you need to correct the record. Otherwise, unemployment benefits may be denied, if you seek them. If you were on a commission, that too should be reviewed.

    If the idea of a resignation is part of a severance offer, that should also be discussed.

    In Michigan, the presumption is "at will employment".

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  • Can m former employer sue me for taking my clients with me to start a business?

    I worked for a hair salon for 2 years. I had already had a large customer base when i went there. I recently left to start my own salon and sent letters to all my clients asking them to come to my new salon. I received a summons today, it bas...

    Gregory’s Answer

    The complaint and and a discussion of the situation with an attorney is key. There is a limited time to file an Answer with the Court, and follow other procedural requirements to preserve your rights.

    Clients who came to the salon while you were an employee may be argued to have come from the marketing efforts of the business, but business developed by you before may be something you can protect. Your situation needs to be reviewed quickly, if you had your own customers.

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  • Do I have to forfeit my earnest money deposit because mortgage lender is slow meeting closing date and admits it's not my fault.

    Bank owned foreclosure, BoA is the seller & my mortgage lender, Listing agent represents both seller & buyer. Purchase agreement executed on 12/30/11. BoA preapproved me for a mortgage (my qualifications for the mortgage are not at issue) Home ...

    Gregory’s Answer

    Underlying this is whether the real estate agent (broker) is seeking to gain some of the deposit, if language in the Purchase Agreement or Listing Agreement provides that the forfeiture of a deposit is partially payable to the real estate broker. Within Bank of America are different divisions or offices (in different states), who may not communicate with each other...between the lending office, and the foreclosure/property disposition department.

    Repair issues are a concern to the BofA lending office, where underwriting wants to be sure nothing affects valuation.

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  • Can i sue my employer for false information to the state of michigan?

    i went on maternity leave June 16th 2010 i had my daughter july 23rd 2010 and was given a 6 week leave and wasnt able to return to work until sep. 3rd, I had called my employer and let them know of this information i was then told my assistance wa...

    Gregory’s Answer

    Your situation requires more discussion of the facts. Employment cases require investigation to save time and determine the best approach.

    Consulting a Michigan attorney is the best option to look at what needs to be done in responding to the attempt to recover benefits, what defenses you have, and what other laws may related to what happened to you in 2010.

    In the meantime, check the the Michigan government web site: http://michigan.gov/uia for Unemployment Benefits information.

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  • I was offered a job and the offer was rescinded after a background check.

    When I was 17 I was convicted of possession of marijuana this was over 10 years ago. I was told it wouldn't be on my permanent record. Also I didn't think I had to disclose it because I was a minor when it happened. I explained this, the offer was...

    Gregory’s Answer

    • Selected as best answer

    Once the employer has received the information that you were in fact convicted, the consequence is the same as if you had lied about it. You might re-apply with an explanation, but the employer is not required to re-offer a job.

    After the conviction is expunged under one of the methods permitted under Michigan law, it is not reported by Michigan State Police Central Records. Also, a new Michigan law: 2011 PA 64 was just enacted that allows for more liberal treatment of expungements. If the question from an employer is whether you have been convicted of a felony, it is permissible. If the question is whether you have been convicted of a misdemeanor, it is permitted.

    If you were arrested for a misdemeanor, but not convicted, the employer cannot ask, and you do not have to reveal it.

    In Michigan, asking about arrests is not seen as proper under Federal employment and State civil rights laws.

    However, if the position is one related to law enforcement, or certain professions or types of work (banking, security, finance, etc.), a broader inquiry in a job application about arrests may be OK.

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  • Leaving an Employment Contract Early in Michigan

    I signed a 2 year contract as an employee from March 2010-March 2012. I asked my boss to release me in Sept. early because I was unhappy. He agreed to release me in early Dec. w/o penatly. There is a $5,000 penalty if I leave early. Right now, he ...

    Gregory’s Answer

    There are some geographic limits to be considered, but beyond that, without a written agreement about the "penalty", you have no protection. However, might a a three month "non-compete", until March 2012 simply coincide with a new job in the same profession.

    The contract needs to be read by an attorney and evaluated, along with other employment paperwork. Sometimes movement among jobs in certain "professions" cannot be limited by non-competes.

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