Saif Kasmikha’s Answers

Saif Kasmikha

Novi Health Care Lawyer.

Contributor Level 6
  1. I was wrongfully terminated for alleged ethics violation. My professional license was threatened if I did not voluntarily resign

    Answered about 1 year ago.

    1. Saif Kasmikha
    2. Gregory M. Janks
    3. Brian Thomas Bradley
    4. David Frederick Barrett
    4 lawyer answers

    You will need to consult with an attorney as soon as possible regarding this issue. You are entitled to your employee and personnel file. You also need to discuss with the attorney you meet, what form, if any, they require you to sign to accompany your resignation. Why are they giving you an option to resign if they supposedly have good reason to fire you immediately? You should meet with an attorney right away and whoever you retain should contact your employer as soon as possible.

    3 lawyers agreed with this answer

  2. I cannot find anything newer than 3 years ago: Does Michigan law require medical offices to retain copies of each patients DL?

    Answered over 1 year ago.

    1. Saif Kasmikha
    2. Barry Franklin Poulson
    2 lawyer answers

    It is not REQUIRED, but offices are well advised to retain a copy of a driver's license and/or other forms of identification for the patient's protection and the office's protection as well. You can claim it is a company policy to require identification, but I currently do not know of any law requiring medical offices to obtain a driver's license of a patient. I have had clients face similar issues. It is always better that the client obtain such information to ensure against identity theft,...

    2 lawyers agreed with this answer

  3. If the clinic claims that I refused a DOT drug test, and I did not in fact refuse it, can I sue the clinic for Defamation?

    Answered about 2 years ago.

    1. Saif Kasmikha
    2. James M. Osak
    2 lawyer answers

    You don't have to answer "yes" if you did not actually refuse the drug test. You can answer no since that is the honest answer according to your story. If they ask and find otherwise after making certain calls, you can explain yourself at that point, but answering no would be truthful to the best of your knowledge. That being said, you may be able to sue for defamation if the clinic in fact publishes that you refused to take the test and does so knowing you were willing to take it. In fact, by...

    1 lawyer agreed with this answer

  4. Can a health care facility come after assests, if the uninsured is making effort to pay?

    Answered over 2 years ago.

    1. Saif Kasmikha
    2. Jaynie Smith Hoerauf
    3. John F. Brennan
    3 lawyer answers

    I not only agree with the previous answer to some degree, but if you are talking about a healthcare facility, some hospitals or clinics even make patients sign lien agreements for health care services. Through these liens, the patients authorize the hospital to go after those assets in the event the patient is unable to pay for the services. Regarding the previous answer, I have seen healthcare institutions, dental offices, and other professionals rendering such services, go after unpaid debts....

    1 lawyer agreed with this answer

  5. I signed a separation agreement with former employer. Among other things I agreed not to sue for known or later revealed issues

    Answered over 2 years ago.

    1. Saif Kasmikha
    2. James M. Osak
    3. James P. Frederick
    3 lawyer answers

    What you signed was likely a severance agreement and resignation letter. Companies typically offer this in exchange for the employee's waiver of all potential employment claims. If it is well written it will include sexual harassment, age discrimination, race discrimination, disability, etc. This does not cover illegal actions by your former employer. It is also important to note that such agreements give you, by law, 21 days to decide if you want to sign and another 7 days to revoke after...

    1 lawyer agreed with this answer

  6. I was fired for violating the socail media policy that i signed earlier this year. Am I entitled to a copy of this contract?

    Answered over 2 years ago.

    1. Saif Kasmikha
    2. James M. Osak
    3. Tara E. Nichol
    3 lawyer answers

    As an employee you are entitled to a copy of your employee file, even upon leaving. This is necessary and actually very common among former employees who are trying to qualify for unemployment, other benefits, or even for the purpose of suing their employer for any violations they may have committed in the course of their termination. This file includes not only all of the documents pertaining to your hiring and firing, but also any disciplinary records, write ups, and any company policies that...

    1 lawyer agreed with this answer

  7. I TOOK A VACATION DAY TO GO TO A VIEWING AND THEY ARE REQUESTING PROOF OF RELATION DO I HAVE TO PROVIDE PROOF

    Answered over 2 years ago.

    1. James T. Weiner
    2. Saif Kasmikha
    2 lawyer answers

    Depending on whatever you signed when they first hired you, they absolutely may have a right to do that. Whether or not they can all depends on the company's policies and whatever signatures you attached to forms that clearly articulate those policies. This includes their ability to fire you if you don't produce what they require. Again this all depends on your employment contract, but Michigan is generally, unless a contract states otherwise, an at-will employment state. This means they can...

  8. Chemical lawn company burnd my grass i need to replace the damage .i need a lawyer what type who pays attorneys fees

    Answered over 2 years ago.

    1. Lauren Du Val Donofrio
    2. Saif Kasmikha
    3. Reese Serra
    3 lawyer answers

    Sometimes the companies will not give you the proper attention or seriousness your complaint deserves if they know they're not speaking to your attorney. You'll be surprised how quick the turnaround could be. This could be a simple matter of them breaching their contract and being required to do a lot more than that. Do you have the contract? You'd have to meet with an attorney as soon as possible so they can help you negotiate with the company for fair compensation of the damage. Visit our...

  9. Non-Compete Validity

    Answered about 3 years ago.

    1. Stephen F. Banta
    2. Saif Kasmikha
    2 lawyer answers

    Restrictive covenants vary in geographic, scope, duration, and substance in every state. However, they exist to curb clauses that try to unfairly restrict competition. Usually case precedent, rather than statute, determines this. Generally speaking, however, most jurisdictions have found 12 months to be reasonable for circumstances like yours. Again, it varies in every jurisdiction and I would consult an attorney in AZ. That attorney will probably find case law in AZ where a judge made this...

  10. Do I have a medical negligence case?

    Answered about 3 years ago.

    1. Saif Kasmikha
    2. Jennifer L Keel
    2 lawyer answers

    In order to establish medical malpractice, one still has to meet the elements for a prima facie case for negligence. This includes duty, breach, causation, and damages. As the patient, you have to show that a relationship existed that gave rise to a duty of care on the physician's part and a duty to meet his elevated standard of care. That shouldn't be difficult according to your facts. However, in medical malpractice cases, showing breach, and in many cases even causation, can be very...