Travis I. Dafoe’s Answers

Travis I. Dafoe

Frankenmuth Estate Planning Attorney.

Contributor Level 8
  1. Can my brother withhold from filing our mothers will?

    Answered 5 months ago.

    1. Geoffry Eugene Malicoat
    2. Travis I. Dafoe
    3. James P. Frederick
    4. David B. Carter Jr.
    5. John P Corrigan
    5 lawyer answers

    You likely have legal rights, but they will depend on many precise facts. You should not delay in seeking an attorney to review the facts and circumstance that have occurred to determine what actions you can take.

    8 lawyers agreed with this answer

  2. Two week notice at a Job?

    Answered over 2 years ago.

    1. Travis I. Dafoe
    2. Edward Jacob Sternisha
    3. Michael S. Haber
    3 lawyer answers

    There is no Michigan or federal law requiring you to provide two weeks notice. I would recommend reviewing your employee handbook, because you may be eligible or ineligible for vacation pay or other benefits if you do not provide two-weeks notice. The employee handbook will provide any guidance.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. What are the legal and tax ramifications of adding a person to your deed?

    Answered 5 months ago.

    1. Julie Aletta Paquette
    2. Travis I. Dafoe
    3. James P. Frederick
    4. Alvin H. Rightler
    4 lawyer answers

    The biggest thing is that you are giving her a legal interest in the home. She may have an equitable interest in it because she is paying the mortgage. There are many other factors that can affect what would be the best way to do what your looking for, so you really should sit down with a lawyer and discuss what is best - along with a complete estate plan. Obviously, if you do not put her name on the deed, you will need a will or some instrument to transfer ownership at your death. I added a...

    5 lawyers agreed with this answer

  4. If working conditions are made so unbearable, that force you too quit can i stil get unemployment?

    Answered over 2 years ago.

    1. Travis I. Dafoe
    1 lawyer answer

    The answer to your question is MAYBE, but probably not unless you have compelling evidence that it was unbearable. The answer is going to depend highly on your specific facts and you should consult with an attorney. Under MCL 421.29, an individual is disqualified from unemployment if he or she left work voluntarily without good cause attributable to the employer. The act specifically places the burden for proving good cause attributable to the employer on the employee. The case law...

    4 lawyers agreed with this answer

  5. Do I have grounds for a case agaisnt my former employer if I was terminated to make way for a position for someone else?

    Answered about 2 years ago.

    1. Travis I. Dafoe
    2. Michael S. Haber
    2 lawyer answers

    As an at-will employment state the only illegal reasons for termination are those protected by statute (or case law). In your case, the employer favored someone else over you. If there were evidence that the favoritism was based on race, gender, or other protected classification you may have a claim. However, it is not illegal in Michigan for a employer to show favoritism to a friend or a family member.

    2 lawyers agreed with this answer

  6. What if you were not told you were an at will employee then was told "it's not working out" after 3 weeks?

    Answered over 2 years ago.

    1. Travis I. Dafoe
    2. James T. Weiner
    2 lawyer answers

    There is a little more information that is needed before you can get a good answer to your question. An employer does not have to tell you that you are an at-will employee, so long as they do not make other promises about your employment. Most employers tell you that you are an at-will employee so it is crystal clear. I wonder and you should check if they gave you a handbook or sometimes even the employment application includes an at-will disclaimer. I will put a link with this answer if...

    2 lawyers agreed with this answer

  7. Do I need an attorney at my hearing?

    Answered about 2 years ago.

    1. Travis I. Dafoe
    1 lawyer answer

    Based on the information you have provided, I am not convinced that you qualify. The law provides that you have to be looking for full-time employment to be eligible. It sounds as though you are not looking for full-time employment nor would you accept it. I think you should have someone look over it. The state also publishes a list of advocates (not always attorneys) who are provided if you would like.

    1 lawyer agreed with this answer

  8. I was terminated without warning for standing up for myself against bullying behavior. Can I collect unemployment benefits?

    Answered about 2 years ago.

    1. Edward Jacob Sternisha
    2. Travis I. Dafoe
    2 lawyer answers

    They can fight your unemployment. The real question is why were you discharged. I linked to my legal guide on unemployment. It will help provide some background information.

    1 lawyer agreed with this answer

  9. Am I owed my unused vacation pay when I quit my position?

    Answered over 2 years ago.

    1. C. John Holmquist Jr.
    2. Travis I. Dafoe
    2 lawyer answers

    The Short answer is probably not. Unless your employer has a written policy that indicates that they will pay for unused vacation time. You should review your employee handbook or other documents that were provided to you by your employer. Check out the following links: http://www.michigan.gov/lara/0,4601,7-154-11407_32352-41967--,00.html The link goes to the Michigan Wage and Hour FAQ's. It provides that unused vacation time is governed by employer policies. http://www.dol....

    1 lawyer agreed with this answer

  10. Can your employer fire/discharge you while you are on medical leave?

    Answered about 2 years ago.

    1. James M. Osak
    2. Travis I. Dafoe
    2 lawyer answers

    In Michigan, employees are an at-will employee. So an employer can fire you for almost any reason. The most applicable exception for you is the Americans' with Disabilities Act. It requires an employer to provide a reasonable accommodation for an employee's disability. Depending on your disability, you may have been eligible for some sort of accommodation. The most important question you would need to answer for an attorney is — whether you are disabled as defined by the ADA? Whether you...

    1 person marked this answer as helpful

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