Driggers, Schultz & HerbstDriggers, Schultz & Herbst2026-06-05T00:03:21Zhttps://www.driggersschultz.com/feed/atom/WordPress/wp-content/uploads/sites/1605279/2025/12/cropped-dhsSiteicon-1-32x32.pngOn Behalf of Driggers, Schultz & Herbst<![CDATA[What are your rights under the aviation whistleblower protection act (AIR21)?]]>https://www.driggersschultz.com/?p=480922026-06-05T00:03:21Z2026-06-05T00:03:07Z you work in aviation in Michigan, speaking up about safety problems can feel risky. You may worry about losing your job or facing pressure at work. Federal law gives you some protection in these situations through the Aviation Whistleblower Protection Act (AIR21).
This law applies across the United States, including Michigan. It is meant to protect workers who report safety problems in aviation or speak up about rules that keep flights safe.
Identifying protected workplace actions
The Aviation Whistleblower Protection Act may protect you when you raise safety concerns or refuse work you believe is unsafe under FAA rules. The idea is to help you report problems without fear of punishment.In many aviation jobs, the law protects you if you:
Report FAA safety violations to a supervisor or the government
Speak up about unsafe aircraft maintenance or flight operations
Refuse work you believe breaks FAA safety rules
Take part in safety investigations
These protections can matter if your employer disciplines you after you raise concerns, such as by firing or demoting you.
Recognizing how retaliation claims arise
An employer may retaliate by taking negative action after you speak up about safety. This action can include firing you, demoting you or cutting your work hours.Timing is very important. AIR21 usually gives you about 90 days from the date you learn about the retaliation to file a complaint with the Occupational Safety and Health Administration under the U.S. Department of Labor. Missing this deadline may limit your options.
Understanding what remedies may be available
If a claim moves forward and succeeds, AIR21 aims to help restore your job situation as much as possible. The outcome depends on the facts of each case, but possible results may include:
Getting your job back or a similar role
Back pay with interest for lost wages
Payment for financial losses linked to the retaliation
Officials review each case based on the evidence and whether they find a violation.
What to keep in mind moving forward
If you work in aviation in Michigan, you may have federal protections when you report safety concerns in good faith. Still, these cases often depend on timing, clear records and the details of what happened at work. Understanding how AIR21 works can help you better see your legal options after a workplace safety issue or dispute.]]>On Behalf of Driggers, Schultz & Herbst<![CDATA[Can you still sue for your flight injuries if an airline pays your hospital bills?]]>https://www.driggersschultz.com/?p=480882026-03-27T22:32:01Z2026-03-25T09:57:16ZWhat a settlement agreement means
A settlement agreement often acts as a legal release. By signing this, you are releasing the airline from future liability, which means you can no longer sue them for the aviation accident. Even if a latent injury emerges months later, you cannot reopen the case. In the eyes of the law, you are legally barred from seeking further damages.
How short-term cash and long-term reality differ
Initially, an airline’s cash offer can seem like it is enough to cover your recovery. Unfortunately, this settlement value does not account for these staggering costs:
Reconstructive surgeries in the future
Long-term physical therapy
Years of lost wages
Permanent decrease in your earning capacity
Mental and emotional turmoil
It is important to remember that a fast payout focuses on protecting an airline’s bottom line. Accepting this without considering future implications can put you at a disadvantage.
Protecting your right to full recovery
In Michigan, the general statute of limitations for personal injury is three years after the accident. However, if your flight was international, the Montreal Convention imposes a strict two-year window to take legal action.]]>On Behalf of Driggers, Schultz & Herbst<![CDATA[Half of all LGBTQ employees have faced workplace discrimination]]>https://www.driggersschultz.com/?p=468482021-10-12T18:43:21Z2021-10-12T18:43:21ZSurvey discovers how prevalent workplace discrimination is against LGBTQ workers
A survey was conducted last year asking people who identify as LGBTQ whether they have ever faced workplace discrimination. Although the law makes it illegal to discriminate against workers due to their race, color, religion, sexual orientation, gender identity, or age, the survey determined that almost half the individuals who participated reported that they faced discrimination at work.
The survey discovered that 46% of LGBTQ workers reported facing unfair treatment in the workplace and even in their careers. They described being denied raises and promotions, required to work extra hours, and being excluded from functions. As many as 9% of those workers even reported that they were fired, laid off, or denied employment because of their sexual orientation or gender identity.
What did these workers face?
The survey took place in May 2021 and questioned LGBTQ employees about their experiences at work within the past year, past five years, and since they first entered the workforce. Nearly 26% stated that they experienced sexual harassment in the workplace. Nearly 21% said they were physically harassed. Laws relating to employment make these actions illegal, but workers were subjected to them due to their LGBTQ status.
One gay man reported that his boss verbally and physically abused him while a queer woman stated that she was regularly sexually harassed by male coworkers. Many of the people who participated in the survey said that their work hours were reduced or that they were given undesirable shifts.
Stronger laws being instituted
President Joe Biden has issued executive orders to strengthen protections for LGBTQ people in the workforce. A North Carolina federal judge recently ruled against a Catholic high school when it tried to fire a gay drama teacher after he announced his engagement on social media.
Much of the discrimination against LGBTQ workers are motivated by religious beliefs. Some people who took part in the survey reported being told to pray. Some of the things those discriminating against them said were even worse.
If you are LGBTQ and have faced workplace discrimination, it’s your legal right to fight back. Don’t let discrimination bias go unpunished. File a lawsuit to stop it from happening any further.]]>On Behalf of Driggers, Schultz & Herbst<![CDATA[Military reservist sues Amazon over alleged USERRA violation]]>https://www.driggersschultz.com/?p=467892021-06-09T21:47:29Z2021-06-09T21:47:29ZEqual treatment
The lawsuit is being brought by a member of the U.S. Army Reserve who used to work in an Amazon warehouse. She says the online retailer does not comply with a USERRA provision that requires employers to offer reservists the same rights and benefits as other workers. Amazon allows its employees to take paid leave to serve on juries and grieve the loss of loved ones, but the company does not compensate reservists on short-term military leave. The case could become a nationwide employment law class action as Amazon has more than 8,000 reservists on its payroll.
Walmart settlement
The lawsuit was filed less than five months after Walmart Inc. agreed to pay $14 million to settle a similar claim. The money will be divided among about 7,000 current and former Walmart workers who took time off to perform reserve duties. The retailer has also agreed to implement a new policy that provides reservists with up to 30 days of fully paid leave each year.
Resolving employment law cases
Cases involving alleged violations of federal and state employment laws are often settled before they go to court when the facts appear to be clear. If you believe that your employer may have violated these laws, an attorney with experience in this area could analyze your pay records to identify violations. An attorney could then take legal action on your behalf seeking back pay and benefits that you were entitled to but did not receive.]]>by Driggers, Schultz & Herbst<![CDATA[What life changes may require you to update your estate plan?]]>https://www.driggersschultz.com/?p=467842021-04-28T23:07:19Z2021-04-29T17:00:34Zonce every three years. But it’s important to know the occasions on which you may need to revisit it sooner.
Changes in relationships
Revisiting your estate plan is crucial when the objects of your affection change and is especially important if you get divorced. Likely, you will want to keep your assets out of your former spouse’s hands. Nor will you want them to have the ability to make major decisions for you. Not only will you need to revise your will in this case, you may also need to update any documents that could give them control over your affairs, such as a power of attorney or living will.
Revisions to your estate plan may also necessary upon the death of — or estrangement from — a beneficiary or your executor. But changes can reflect positive developments, too. If you get married or remarried, or become a parent or grandparent, you will want to update your estate plan to account for your new loved ones.
Changes in assets
For your estate plan to be sound, it must include all your major assets. If you acquire or sell significant property, you will need to account for these events. Likewise, certain assets may gain or lose value over time, which can impact the worth of your estate. Failing to acknowledge these changes could create confusion for your beneficiaries down the road.
Changes in residence
Each state has different laws about estate planning. If you move to or from Michigan in the future, you will want to revise your documents to satisfy the requirements of your new state of residence.
Knowing when to update your estate plan is only half the battle. In revising it, you must also make sure your changes are valid. Taking the appropriate steps can be done with the help of a legal professional.]]>by Driggers, Schultz & Herbst<![CDATA[3 reasons why you should talk with a lawyer before your insurance agent after an accident]]>https://www.driggersschultz.com/?p=467812021-08-31T06:16:32Z2021-04-28T18:19:15Zbefore you talk to the insurance agent, because:
The insurance company will underpay you for your injuries and damages: The settlement offer from the insurance company will probably seem generous, even exorbitant, but be careful. In most cases, the offer from the insurance company will cover the initial medical bills and property damage to your vehicle. But these offers fail to accommodate or cover the costs of your long-term medical care, which can include medications, physical therapy and other ongoing costs. In most cases, the insurance settlement offer is far below what these cases are truly worth. Especially with the confusing nature of the new insurance coverage laws in Michigan, it is important to be cautious here.
You could jeopardize your case: Insurance agents appear friendly, accommodating and helpful. However, they are trained to obtain information that would undermine your case in court. For example, they could ask a simple question like “how are you feeling?” You then provide the simple conversational answer of “fine.” The insurance company could later claim that you were not actually injured as claimed but were feeling “fine” mere hours after the accident.
You could forfeit your right to obtain more compensation: When you accept an insurance company’s settlement offer, part of the agreement is to sign a form that releases the insurance company from further liability. This means that you will not have the right to bring a lawsuit for further compensation when you later realize that your injuries are worse and more costly than you thought.
As you can see, there are numerous risks involved with talking to the insurance agent before talking with a lawyer. The insurance company is not your ally in these situations. A knowledgeable personal injury lawyer will have a better understanding of what your case is worth, will work with the insurance company on your behalf and will make sure you obtain maximum compensation for all costs and damages you have sustained.]]>by Driggers, Schultz & Herbst<![CDATA[Estate planning 101]]>https://www.driggersschultz.com/?p=467782021-08-31T06:16:59Z2021-04-28T15:14:42ZGet started with a will
If you only have a single estate planning document, a will is probably the best place to start. A will allows you to take a number of important actions, including:
Directing how property and assets shall be disbursed after your passing
Naming a guardian for your minor children
Setting out your preferences for funeral arrangements (burial versus cremation, a solemn memorial service versus a celebration of life, etc.)
There is a downside to only having a will, however. In particular, it will go through the probate process. This is a court proceeding, and anything discussed in the will can be discovered as part of the public record. If you value your privacy and want to ensure that your family’s proverbial “dirty laundry” isn’t aired publicly, consider a trust instead. Your estate planning attorney will help you decide what type of plan is best for your unique situation.
Other key documents
A will or trust that handles the disposition of property once you pass isn’t the only thing that you need in your estate plan. It’s also necessary to have documents that plan for your illness or incapacity. These include:
A living will that directs the direction of palliative or life-saving care if you have a terminal condition or are in a vegetative state
Health care proxy that appoints someone to make medical decisions on your behalf (also known as a “health care directive” or “health care power of attorney”)
Financial power of attorney giving another person the ability to pay your bills, move funds, direct the sale of property, and handle other financial matters as necessary
Estate plans are both difficult to consider and difficult to implement. The possibility of error that costs your loved ones time, energy, and money down the road is enormous, and the risk of making such errors increases dramatically if you try to handle it alone. A skilled lawyer’s help can be invaluable not only in setting up your original estate plan but also in administering that plan later.]]>by Driggers, Schultz & Herbst<![CDATA[Responding to FAA investigations]]>https://www.driggersschultz.com/?p=467712021-04-27T22:32:00Z2021-04-27T22:32:00Z
Airspace violations
Altitude deviations
Lapses in aircraft maintenance
Misuse of a certification
Inadequate fuel reserves
What comes after an investigation depends upon the specific circumstances of your case. The FAA could follow up with A Notice of Proposed Certificate Action, a Notice of Civil Penalty or even an Emergency Order of Revocation. How you respond to these events will play a crucial role in your future dealings in the industry.
Responding to a letter of investigation
If you have received a letter of investigation (LOI) from the FAA, it is a matter to be taken very seriously. You have 10 days to respond to such a letter and to provide facts and mitigating circumstances that might bear on the situation.
It may be tempting to respond quickly to such a request, especially if you know you are in the right. This can be a mistake, however, as the slightest misstep in your response could cost you dearly in the future. The information you provide will be scrutinized carefully by FAA investigators and can be used against you in potential hearings and legal actions.
You are best served by having a knowledgeable aviation law attorney review the LOI and all communications from the FAA, and then charting the best legal course of action from there.
An ounce of prevention
Due diligence and proactive legal planning can help you avoid problems with the FAA. By having your paperwork, policies and procedures scrutinized by an experienced aviation law attorney, you can identify potential problem spots before they become full-blow liabilities.]]>On Behalf of Driggers, Schultz & Herbst<![CDATA[What are some low-risk property investments?]]>https://www.driggersschultz.com/?p=467582021-03-16T18:25:18Z2021-03-16T18:25:09ZWhat are some good properties for new businesses?
Storage facilities are some of the most profitable properties on the market. Unlike apartment buildings, they don't have complicated business contracts and require little upkeep on your part. You don't have to deal with tenants, broken appliances and other issues. People simply rent out a unit to store their belongings, then take everything when they leave.
Apartments are much more complicated, but they can also be a good investment. No matter what the economy looks like, everyone needs housing. An increasing number of people are turning to apartments because they can't afford to buy a house or don't plan in staying in the area very long. The only downside is that you'll have to deal with leaky faucets, broken appliances, tenants who don't want to pay their rent and other issues.
Business properties are also in high demand right now. One popular investment is a co-working space that allows people to rent their own offices. These properties are popular with people who have their own businesses but can't afford to rent an entire building. Similarly, flex spaces give small businesses a place to rent an office and a showroom at the same time. These are low-risk investments because people are launching new businesses every day. Until their businesses take off, they'll need a place to operate.
Other types of investments come with higher risks, but they could also have greater rewards. In any case, talk to a business law attorney about the finer points of property investment before you make a decision.
What do you need to know before you invest in a business?
An attorney could help you find the real estate that you need for your business and get financing before you make a purchase. If you plan on building your own facility, they could help you with building codes and zoning laws.]]>On Behalf of Driggers, Schultz & Herbst<![CDATA[The doctor said it was just a shadow]]>https://www.driggersschultz.com/?p=466852020-12-23T17:52:28Z2020-12-23T17:52:22ZCommon reasons for a shadow
Radiology scans are famously difficult to read, so the appearance of a shadow in a scan is often up to interpretation. The location of body components like blood vessels can sometimes cast a shadow onto the lung that appears in an X-ray. If an individual broke or fractured a rib in the past, a calloused bone could be creating a shadow. Other conditions that may be causing a shadow on the lung include:
Hiatal hernia
Pneumonia
Benign tumors
Tuberculosis
Collapsed lung
Could it be lung cancer?
Lung cancer is the big fear that pops to many people’s minds when they hear that they have a shadow on the lung. It’s possible that a shadow could be lung cancer, and a doctor will likely try to rule out that possibility. However, it’s important to note that a significant percentage of people with lung cancer are diagnosed with the disease even though their chest X-rays are normal.
Because chest X-rays can be imperfect tools for a lung cancer diagnosis, doctors typically use a number of other tests to confirm their suspicions. A doctor may use a more accurate form of X-ray technology called a CT scan or other imaging techniques like an MRI or a PET scan. A doctor may also decide a patient requires a bronchoscopy or a lung biopsy.
When a diagnosis comes too late
When lung cancer or another serious disease is diagnosed at a late stage, a patient’s chances of recovery are lowered. The news can be even worse when the patient remembers that their doctor had mentioned a shadow on the lung a while back. A doctor who negligently dismissed a shadow on the lung may be liable for medical malpractice.]]>