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Saif Kasmikha

Saif Kasmikha’s Answers

11 total


  • I was wrongfully terminated for alleged ethics violation. My professional license was threatened if I did not voluntarily resign

    I recently lost my job as a Case Manager for mentally ill adults at Community Mental Health after over 20 years. I was notified in a meeting with management late on a Friday afternoon that I was guilty of an ethics violation and subject to immedia...

    Saif’s Answer

    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.

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

    I have worked for a medical office for 8-1/2 years. At first we did not make copies of the patients drivers licenses but around 2008 we started making copies. We began doing so after when our marketing director at the time saw a publication listin...

    Saif’s Answer

    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, fraud, etc. that could be perpetrated by that patient himself or some third party. It is also important for verifying other information such as payment method, insurance, etc. Although I do not know the medical office's specialty, they are usually private practices and could refuse to treat someone if they refuse to give a valid form of identification. You are not required by law to treat that patient any more than you are required to obtain the ID, but you can always claim it as office policy.

    Contact our office if you have further questions on how to go about implementing such policies for the office or other operational matters for the practice.

    --
    -Saif Kasmikha
    Managing Partner, Midwest Legal Partners, LLC
    Office: (248) 344-4570
    Mobile: (248) 798-4322
    Fax: (248) 471-5008
    E-mail: skasmikha@midwestlegalpartners.com
    Website: http://www.midwestlegalpartners.com/Saif-Kasmikha-bio-experience-contact.html

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  • 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?

    On the first attempt, I did not provide an adequate specimen. I was sent into the lobby with water and coffee to drink to produce a larger specimen. I stepped outside to have a cigarette in plain view of the clinic staff in front of the plate gl...

    Saif’s Answer

    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 your account, you took it but had to retake it because of the specimen. Defamation is defined as any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. If it is written that is libel, spoken defamation is slander. You are not a public figure, so the threshold is not as high. The tricky part comes in proving that the clinic is intentionally making a false statement. If they have reason to believe you actually refused it, defamation would be difficult. You actually would have to show damages to some extent to make pursuing a defamation lawsuit even worth it. You need to contact an attorney to discuss more the facts in greater detail to get a better assessment of your chances for recovery and whether a lawsuit is worth pursuing.

    -Saif Kasmikha
    Managing Partner, Midwest Legal Partners, LLC
    42705 Grand River Avenue, Suite 201
    Novi, MI 48375
    Office: (262) 780-1461
    E-mail: skasmikha@midwestlegalpartners.com

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

    I REQUESTED THE DAY OF A MONTH IN ADVANCE THEN JUST VERIFIED I WAS TAKING THE DAY ONCE I FOUND OUT I HAD A VIEWING TO GO TO . NOT THEY WHAT ME TO GET BIRTH CERTIFICATES TO PROVE RELATION. ARE THEY ALLOWED TO DO THAT AND IF I CAN NOT OBTAIN THAT IN...

    Saif’s Answer

    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 fire you any time without cause (so long as it is not for discriminatory purposes) and you can leave whenever you want as well. Requiring birth certificates to prove relation does seem like a pretty extreme measure, especially requiring it as fast as 2 days, so there must be more to it. Contact us if you have further questions.

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

    A large lawn company sprayed my lawn and killed it all .they offered to pay half of what the damage is for . i provided them with 3 professional estimates all with almost same figure . i need to sue because they are refusing to negotiate any furth...

    Saif’s Answer

    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 site and contact information and contact us any time for a free initial consultation and estimate on the matter. www.midwestlegalpartners.com

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

    I am uninsured, I am concerned that if I become hospitalized, the Hospital will come after my house which is paid off.

    Saif’s Answer

    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. Practically speaking, it would also usually depend on the size of the debt before they decide if it is worth the effort of trying to collect. That also applies to health care as it would to anything else.

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

    The agreement refers to the company as "Murphys Plastic Company". The real name of the company is "Murphys Plastic Products Inc. I have since found out they have discussed personal medical issues with other unconnected people including customers ...

    Saif’s Answer

    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 you signed. It may be too late. Either way, if it is the same type of agreement I'm thinking of, you were given ample time and notice to consult an attorney before signing, and you likely received a monetary benefit with your resignation. Another benefit is that you could, at that point, legitimately say you resigned rather than fired. The contract can still be binding regardless of the company name because it is very clear in the context of the contract and the signers who the company in question was.

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

    I made a facebook comment but did not use any employee or company names. It had to do with my own sister and another team member took it to management and said "I think this is about such and such." I was suspended then fired. There were no types ...

    Saif’s Answer

    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 you may have agreed to by signing. You are entitled to your entire file, including that policy that they claim you signed. Letters from attorneys demanding such documents typically do yield a quick turnaround and employers submit them. However, it is also important to find out why they are not submitting this to you before jumping to any conclusions or spending extra money on legal fees to retrieve the documents.

    It is also important to note, however, that if they can substantiate the other reasons for termination that you listed, and appear to be acknowledging, then that by itself can justify their reasons for terminating you regardless of when or if they choose to submit a copy of this signed policy for your review.

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  • Non-Compete Validity

    I recently left a large mortgage corporation and went to work as a Recruiter with another organization in a different industry completely. One of the provisions of my non-compete says that anyone I hire must not have worked with my previous compa...

    Saif’s Answer

    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 determination. Also bear in mind that if a judge finds 12 months to be unreasonable that doesn't mean the restrictive covenant is completely stricken. The judge can reduce it. This means that if he feels 12 months is too long, he can reduce it to 6, but if you tried to hire him in a shorter time than that, you can still face a problem.

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  • Do I have a medical negligence case?

    was diagnosed with abnormal pap a few months ago. Test came back showing ASCUS with the highest level of dysplaysia. Had a cone biopsy and scrapings that came back showing cancerous cells on the outside, but not inside of my cervix yet. My gyn sug...

    Saif’s Answer

    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 difficult. You have to show that the physician did not act as any other prudent physician in his position would have, and that his actions did not conform with the accepted practice in his profession. Your case against the physician would also have to be validated by expert testimony and peer reviewed studies by physicians in his field and specialty stating they would have acted differently and that he did not act within the accepted norms and standards of his profession. Furthermore, you have to show that such breach actually caused the problem. If what you are alleging would have happened no matter what, the doctor can't be held liable. As the Plaintiff (the one suing), the burden of proof falls on you to establish these elements. Finally, you have to show damages. Having to miss work without pay is a legitimate measure of damages if you can show that it was due to poor treatment and mishandling of the procedure. You'd have to show more than it hurting though. If the pain was expected and the missed work was necessary in order to treat you, then you have a low chance of recovery. Again, you'd have to consult with physicians or other experts in his field to determine this.

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