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Tony Seaton

Tony Seaton’s Answers

2 total

  • Do I need an attorney?

    Workers comp injury requiring rotator cuff surgery. Time out of work was over FMLA limit. Returned to work with frozen shoulder which requires surgery again. Company wants me to ask for specific time off and if I exceed time off, my signature a...

    Tony’s Answer

    Tenn. is an employment at will state which generally means that you can get fired for any reason. There are exceptions. Tenn law says you cannot get fired specifically for filing a workers' comp action. You do , however, have to cooperate with your employer concerning your federal rights to FMLA. If you have exceeded your FMLA time then they can probably terminate or replace your employment. If they require you to sign things that may be in derogation to the law, then I would sign it "under protest" or make some notation that you were required to sign the document under threat of losing your job. Whether they can legally do things or not usually makes no difference to their approach. You need to do what you can to protect yourself. If you are terminated, however, it will greatly enhance your rights to a good workers' comp settlement. I agree with others that you should consult a good worker's comp attorney.

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  • Can creditors hold my husband responsible for debts that I incurred or put liens on jointly held property?

    My husband and I are retired and living on social security plus about $10,000 per year that he earns from a part time job. I have large medical bills that weren't entirely paid by my Medicare. Our car title is in both our names, can creditors put ...

    Tony’s Answer

    The agreement to pay medical bills is like a contract between you and the hospital. They will give medical care and you will pay the bill. Usually one spouse or the other signs for medical bills. If you both have signed then you both will be responsible. If only one of you have signed then the creditor will not be able to file a suit against the other. However once a court judgment is taken then the creditor may be able to put down a lien against joint property. If your husband hasn't signed then I do not think they can take him to court or garnish his wages. Each state also has property exemptions that you can file in the event that they sue you. They cannot obtain your social security check. We find that your best method short of bankruptcy is to either ignore the problem unitl you get sued or to contact the creditor and see if they will accept a minimum payment.

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