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Jason Matthew Shinn
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Jason Shinn’s Answers

177 total


  • Soon put on performance improvement plan, will I loose unemployment.

    Manager wants to put me on a performance improvement plan, the targets set are not doable. Iam trying my best but not in my control. Will most likely not survive the PIP. Will I loose unemployment if fired after this PIP. RAB

    Jason’s Answer

    It is impossible to predict future results, but generally speaking, the burden and issues are such that you will not likely lose unemployment benefits for failing to satisfactorily comply with a PIP.

    In this regard, the burden is always on the employer to establish misconduct sufficient to warrant a denial of unemployment benefits. The definition of "misconduct" is precise and is a relatively high bar that is often difficult for employers to meet, especially when it comes to the issues referenced in your question i.e. failing to meet a PIP.

    I hope this helps.

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  • I am a nail tech and will be renting at a salon in Michigan. The owner wants me to sign a non compete. Can she do that?

    Switching from a 1099 employee to a renter. Will sign a rental contract but unsure of the legalities with a non compete.

    Jason’s Answer

    The short answer, is that the owner can generally insist that you sign a non-compete restriction. In this Michigan law generally allows for the enforcement of non-compete restrictions between an employer and employee, as well under the circumstances your question references. You should have the non-compete reviewed, however, to understand what obligations and restrictions you are agreeing to. The bigger question is whether legally you were properly classified as a 1099 employee; Probably not, but you should discuss this issue with an experienced employment attorney. I just settled a case in which the salon owner had classified employees as 1099 contractors, which was improper. I hope this helps.

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  • Can Non Compete Agreement signed by me for CA employment hold up against me in other states?

    I signed my contract for California employment with company X, later I was transferred to Michigan by X, I joined another company 4 months back but my old client (serviced by X) is offering me an employment. Can you please see if I am safe to joi...

    Jason’s Answer

    I think attorneys Marlo and John made excellent points. In addition to having an experienced non-compete attorney review the entire agreement, you will also need to discuss the strength of a "choice of law" issue. What this means is whether Michigan law or California law should apply. I've dealt with this question in non-compete litigation, including about California, and it is always a "fact intensive" analysis that is required - something you can't do through a free Q&A site like Avvo. For more information, I've written about these legal issues on my law firm's Employment Law Blog (www.michiganemploymentlawadvisor.com). If you type "choice of law" in the search box, a number of articles will come up. I'd start with the article, "Enforcing Noncompete Agreements – What Law Will Apply?" I hope this helps.

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  • What is Michigan's law on paying an employee their personal time that they have banked when they leave the company

    I work for Walmart,and I am planning to leave the company soon. I have 153 hours in PTO (paid time off), 66 hours of personal time and 11 hours of sick time. Walmart policy is that you must use all PTO time up before you can use your banked person...

    Jason’s Answer

    I'm a Michigan licensed attorney who focuses on employment law issues. You should have your employer's policies and/or any agreements concerning PTO and other leave time reviewed with an attorney before making any decision. But in general, your question will depend upon what is provided for in your employment agreement or applicable employment policies. This is because Michigan law concerning fringe benefits other than the wages or salary paid to an employee, i.e., PTO requires that an employer pay fringe benefits according to the terms set forth in a written contract or policy. But that law does not apply to promises of fringe benefits that are not reduced to writing. I hope this helps.

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  • How can I take legal action against this situation.

    So basically this is what happened: My boss (manager) went to go visit her friend in Detroit after work. (I work in Birmingham MI about 20 mins away) She had a bag in her personal car that contained all of the sales associates employee information...

    Jason’s Answer

    There are a number of potential legal claims you may be able to pursue, but you would need to talk with an experienced employment attorney. In the meantime, I would continue to monitor your credit/financial information, contact the credit reporting agencies about this identity theft, and track your time and actions taken to limit the harm. You should also get a copy of the police report to provide to your attorney. I hope this helps.

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  • Can a person sign away another persons right to leave a negative review of a business?

    My daughter had her engagement ring repaired at the jeweler where it was purchased. Before the jewelry store would release give her back her ring she had to sign a "contract" that she or anyone in relation to her would post a negative review or p...

    Jason’s Answer

    Unfortunately, the sort of contractual restrictions you've described are becoming all too common. You should talk to an attorney as there are a number of legal issues raised and involved with your question. For starters, requiring a person to sign the subject contract after handing over the ring for repair and as a condition for getting it back calls into question whether the "contract" is enforceable. As to the threatened defamation, I frequently explain to business owners looking to pursue similar defamation claims that such lawsuits are based minimally on the making of a false statement. But where the statement is true, there should be no claim for defamation. But you should have an attorney review your posting to assess whether it exposes you to liability. I hope this helps.

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  • Can I be sued for violating my covenant not to compete?

    I worked for a State Farm agent. I was only appointed by State Farm as a P&C producer, but not yet appointed as a Life and Health producer. I quit my position within the 90 days probationary period and was only a part time employee. The Agent I...

    Jason’s Answer

    I regularly represent individuals in Michigan noncompete disputes. The two attorneys who have previously responded are absolutely correct that you'll need to consult with an attorney in order to meaningfully evaluate the enforceability of the noncompete restriction or whether your new position violates the terms. From the initial information you've provided, there may be several arguments in your favor that are worth evaluating. I've written extensively on the enforcement of noncompete restrictions on my blog, which you can search, but here is a link to a good starting point: http://www.michiganemploymentlawadvisor.com/employment-agreements/noncompete-agreements/enforcing-a-noncompete-agreement-takes-more-than-bluffing/. I hope this helps. Best to you going forward.

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  • Is this workplace retaliation?

    I sent a very general email to HR about my company's policies on adjusting work hours about a month ago. Today a group met on my behalf to discuss me being promoted. The director of HR (to whom I did NOT send the email) said that she felt because ...

    Jason’s Answer

    There are a number of different "anti-retaliation" theories that may arise under Federal or Michigan law. Here is an article I wrote about one such example of retaliation (http://www.michiganemploymentlawadvisor.com/retaliation/avoiding-retaliation-claims-know-what-youre-aiming-at-before-pulling-the-trigger-on-a-termination-1/). However, such claims will depend upon the specific facts involved, including the email you sent. In addition, even if you are not a member of a union, there are also statutory protections that could apply to your situation. I would caution against meeting or pursuing a lawsuit until you meet with an experienced employment attorney to fully evaluate your situation. I hope this helps.

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  • Non Compete agreement

    Below is what my agreement with my company says, I wanted to know if point b is still valid if my company's contract with the customer has ended. 1. During my employment with the Company and a period of six months after my employment is term...

    Jason’s Answer

    In order to make sure you are getting a complete picture of you may or may not do under your noncompete restriction, you should plan on having the entire agreement reviewed with an attorney experienced in this area. This is because a court will read the agreement as a "whole" document and there may be provisions that modify or otherwise make the agreement in its entirety unenforceable. As a preliminary matter, however, six-month restrictions are generally going to be enforceable and the language referenced in your question does not appear to be contingent that status of a customer's contract, i.e., the focus is on whether a party was a "customer" in the specified time-period. However, our law firm has been successful in attacking/focusing on whether your former employer has a reasonable protective interest in restricting you from working for a "customer." For more information about Michigan noncompete law, see the article below. I hope this helps.

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  • Is a non compete clause valid if you're fired at will ?

    No reason for termination

    Jason’s Answer

    A non-compete provision may be enforceable even if you are terminated. However, you would need to discuss your situation, including having the actual language in the agreement reviewed by an attorney experienced in non-compete law. In anticipation of meeting with such an attorney, you may want to review the article below, which provides an overview to Michigan noncompete law.

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