Julie A. Gafkay’s Answers

Julie A. Gafkay

Frankenmuth Employment / Labor Attorney.

Contributor Level 7
  1. Can a worker in trial period be 1099 contractor?

    Answered 23 days ago.

    1. Julie A. Gafkay
    1 lawyer answer

    Since you are 1099 the individuals during their first 1-3 month period, you are treating those individuals as independent contractors versus employees. As long as the individuals are truly independent contractors, then there is no legal issue with doing so. To be truly an independent contractor, an individual must have control over his or her methods, buy his or her own supplies, and have the liberty to work for others, for instance. If the individual is truly an independent contractor, then...

  2. Can I file a discrimination lawsuit?

    Answered about 3 years ago.

    1. Julie A. Gafkay
    2. Christine C McCall
    3. C. C. Abbott
    3 lawyer answers

    If the "past criminal history" only involved misdemeanor arrests, for instance, my opinon is that you may have recourse under Michigan Law. However, if it was a felony arrest or a misdemeanor conviction, I agree that as an at-will state, you must likely have no recourse. Under the Elliottt-Larsen Civil Rights Act: 37.2205a Employer, employment agency, or labor organization; record of information regarding misdemeanor arrest, detention, or disposition; failure to recite or acknowledge...

  3. Fired for misconduct, UIA is stating I was terminated for alleged theft.

    Answered about 3 years ago.

    1. Julie A. Gafkay
    1 lawyer answer

    I'm assuming that you either have a notice of determination or (re)determination from the unemployment agency. If so, the back of the notice will explain how to appeal the determination or (re)determination. You need to make sure to appeal within the time limit set forth which is usually 30 days, but the notice will indicate the exact time limit to appeal. You will need to put your social security number, name, date, and briefly indicate why you are appealing; i.e. that you did not engage in...

  4. Is it a conflict of interest to continue to do freelance graphic design while working for a company doing similar work?

    Answered over 3 years ago.

    1. Julie A. Gafkay
    1 lawyer answer

    Currently, the newspaper would most likely not have legal recourse against you for continuing your freelance work since you never agreed to a non-compete agreement. However, unless you are a union employee, as an at-will employee you can be fired in Michigan for any reason, without notice, except for an illegal reason (such as sex, race, age discrimination). In my legal opinion, if an at-will emplolyee, you could be fired for continuing the freelance work if they don't like it and I don't...

  5. My former employer refuses to sign a form I need to close out a 403(b) account. The funds are in a Franklin Templeton account.

    Answered over 3 years ago.

    1. Julie A. Gafkay
    1 lawyer answer

    The legal basis of your complaint, in my opinion, would include a request for injunctive relief. In other words, an Order from the Court requiring your former employer to do something, i.e. give you the document with the required signature so that you transfer the funds.

  6. I believe that due to my being a muslim and choosing to cover my head I was fired. Wwhat can I do?

    Answered about 4 years ago.

    1. Julie A. Gafkay
    1 lawyer answer

    In Michigan, the Elliott-Larsen Civil Rights Act protects employees from discrimination based on religion. In addition, your religion must be accommodated as long as it does not pose an undue hardship on the employer and you are still able to perform the essential functions of your job. I would recommend requesting the accommodation for your religion of covering your head, if the employer refuses to allow you to do that, contact the Michigan Department of Civil Rights. This advice does...

  7. Is there a legal time limit on the length of time a person can be suspended from a job w/o pay ?

    Answered about 4 years ago.

    1. Julie A. Gafkay
    2. Randy T. Enochs
    2 lawyer answers

    In my legal opinion, based on the information provided, I do not know of any employment statute that limits the length of time a person can be suspended from a job w/o pay. However, if you are a union employee there may be a limit under the CBA and the language of that agreement would control. If you are in a union, I would look to that and contact your union rep. If you are not in a union, again there is no statute that I know of governing the length of a suspension w/o pay if you are...

  8. Can a hospital deny me employment on the basis of the medications I take for my fibromyalgia?

    Answered about 4 years ago.

    1. Julie A. Gafkay
    1 lawyer answer

    In my legal opinion, based on the information provided,you may have a claim under the Americans with Disabilities Act or ADA. The employer's defense to an ADA claim may be that you are allegedly a direct threat to yourself or others as a result of that medication. However, if your doctor releases you to work without restrictions even with the medications being taken and it does not interfere with your ability to perform the essential functions of your job, I believe the employer would have a...

  9. Workers Compensation case pending

    Answered about 4 years ago.

    1. Julie A. Gafkay
    1 lawyer answer

    In Michigan, even if you are not a member of a union, you can bring a public policy wrongful discharge claim in Court grounded on the anti-retaliation provision in the worker's compensation act. If you believe that was the reason you were terminated, you do not need to re-open your worker's comp claim, you would need to file in Circuit Court in the county where you were employed within 3 years, unless you agreed to a shorter time period.

  10. Information from previous employer

    Answered about 4 years ago.

    1. Julie A. Gafkay
    2. Christine C McCall
    2 lawyer answers

    I recommend that if you do so, that you in no way misrepresent who you are. If you have a legitimate reason to make the contact, I don't see anything wrong with it.