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Jason Matthew Shinn

Jason Shinn’s Answers

166 total


  • Can I get a partial retainer back from a divorce lawyer? I contacted him within 3 business days to cancel?

    He is telling me I have to pay the full amount

    Jason’s Answer

    Was there a written agreement between you and the attorney? That is the first place to start. Generally a "retainer" fee will be deposited in an attorney’s trust bearing account. The retainer fee may credited against an attorney’s costs and expenses incurred on behalf of the client. If any portion of the retainer fee remains unused after applying it to all costs and legal fees incurred up to the termination of attorney’s representation or the conclusion of the matter, the unused portion of the fee will be refunded to the client.

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  • I belong to a 10 tournament karate circuit. Some promoters get insurance and some don’t. If a promoter doesn’t get insurance is

    the league at risk to be sued if someone gets hurt. The League is equal own by promoters.

    Jason’s Answer

    I'm a Michigan licensed attorney. I've also participated in a number of BJJ tournaments where these issues routinely come up. While I would want more information about the specifics of your league and circuit, generally speaking the first line of defense against liability will be the release a participant should sign as a precondition to participating in the circuit. You'll want to make sure that is correctly worded and broadly protects the appropriate stakeholders. Also, to the extent minors are involved, special attention needs to be given to the language of the release and the parents signing (divorced parents can create problems in that you should really get both to sign). Insurance is also important, but it can be pricey (you'll probably be looking at a deductible in the range of $10,000 in addition to premiums). I hope this helps. Best to you going forward.

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  • Can a employer look thrugh your tex messages with out your permission due to theft with no evidence

    Because i was present when money came up missing and i am a suspect with no viedo evidence of the money being stolen

    Jason’s Answer

    In addition to the good advice already given, both you and your employer may have rights and considerations under Michigan's Social Media law (an overview of that law is provided below) that affect how your question is answered. If the statute was violated, there are severe penalties against employers and potentially managers who violate it, including making it a misdemeanor punishable by a fine of up to $1,000.00, as well as giving a private cause of action to the individual who is the subject of a violation along with the recovery of “reasonable attorney fees and court costs.” But to fully assess whether this statute was violated, you should discuss your situation with an attorney. I hope this information and the article below helps.

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  • If I have to punch a time card should'nt I get paid for all hours on it?

    I work for a cleaning business. We have to punch in when we arrive at work and punch out at the end of the work day. The owner only pays us from the time we get to the house we are cleaning till we are done, so say the job take 2 hours that is wha...

    Jason’s Answer

    • Selected as best answer

    There are a number of "red flags" that your question raises in terms of possible violations under state and federal wage laws. Accordingly, you should meet with an experienced employment attorney. In the meantime and in anticipation of meeting with an attorney, you should continue to track your hours, including dates you've worked, your scheduled start and end time, the time you actually punched in and out, locations where you worked, etc. Also, your question doesn't mention it, but I would want to know if you are a W-2 employee (meaning your employer take state and federal employment related taxes out of your paycheck) or if you are classified as an independent contractor. This could be another issue in your favor (see the link below to an article I wrote on this issue), but you would need to discuss the issue with an attorney. I hope this helps and best to you going forward.

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  • Am I in breach of contract with my former employer if my contract was not renewed?

    In 2012, I began work with a company who provide support services for schools. I had to sign a contract with a "no compete" clause which stated I could not work for the schools who they provide services for (for) one year if I am terminated. In A...

    Jason’s Answer

    I'm a Michigan licensed attorney who focuses on noncompete legal issues and I've written extensively on such agreements. Because the answer to your questions will depend upon what the agreement actually provides, for you'll need to review the non-compete agreement with an attorney. Depending upon the actual wording and possibly other factors, it may or may not restrict you from the future employment you referenced in your question. Generally speaking, Michigan law does allow for the enforcement of non-compete restrictions if certain requirements are met. For more information about these requirements and non-compete agreements see the links below. I hope this helps.

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  • Is this legal?

    I got suspended from work for posting a picture on Facebook of two fellow employees. They suspended 2 of us and fired the third. Everybody at work knew before we did. Now they are having a meeting with everybody at work and telling them about our ...

    Jason’s Answer

    There maybe some privacy lost his shoes, as well as potential issues under the National Labor Relations Act that couldn't be applicable to your situation. However, I would want to know what was the subject matter of the picture involved, the circumstances under which it was taken, as well as the reason for the termination. You may want to check out this link to an article I wrote about employers monitoring social media sites such as facebook. I hope this helps. http://www.michiganemploymentlawadvisor.com/social-media/monitoring-employees-private-social-media-putting-together-a-sensible-approach/

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  • Employer won't hire me because I LEGALLY smoke MEDICAL marijuana. This is discrimination, right?

    I have a script from a REAL DOCTOR that allows me to smoke medical marijuana. I just found out that my dream job won't hire me. The manager claims a bunch of crap, he says that there is a "zero tolerance drug policy" and employees can't test posit...

    Jason’s Answer

    This is not going to be unlawful discrimination under Michigan law. While Michigan allows for Marijuana to be used for medical purposes, it is still an illegal drug under federal law. For more information, see this linkhttp://www.michiganemploymentlawadvisor.com/americans-with-disabilities-act-ada/changing-the-classification-of-medical-marijuana-what-it-could-mean-for-employers-and-employees/.

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  • Personal liability or Coorporate Liability?

    Have a corporation in Michigan "S-CorP" I am the only officer I am beeing sued personally by an individual for a refund that has not been issued by the business. The customer signed a contract and a receipt with the business, ...

    Jason’s Answer

    In addition to the great advice you've already gotten, you'll want to make sure you get an answer and/or responsive motion filed before a default is entered. You'll likely need to have an attorney represent the business and you will be better off having legal counsel from the outset. You will also want to talk to an attorney about any counter-claims you may have against the former customer. From the information provided, I don't have enough information to make an assessment.

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  • I had heard today that employers are legally allowed to ask for your social media passwords and you have to give it to them so t

    I had heard today that employers are legally allowed to ask for your social media passwords and you have to give it to them so they can check your accounts, is this true???

    Jason’s Answer

    I'm a Michigan licensed attorney and my practice involves employment law issues. Generally employers cannot ask for social media passwords under Michigan law. But there are exceptions under the Michigan law. I was interviewed about Michigan's social media law and there is a link to that interview below. Also, for more information, see the links below, which are articles I wrote on this issue and feel free to follow up if you have any questions about those articles.

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  • Are non-compete agreements enforceable in Michigan?

    I signed a 12-month non-compete when I joined my current employer and I'm wondering if non-competes are generally enforceable in Michigan.

    Jason’s Answer

    In addition to the great responses provided by Mr. Putzig and Mr. Hutchinson, you may want to review the post below that discuss in more detail Michigan non-compete law. Best to you going forward.

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