Driggers, Schultz & Herbst Driggers, Schultz & Herbst 2026-08-13T20:31:20Z https://www.driggersschultz.com/feed/atom/ WordPress /wp-content/uploads/sites/1605279/2025/12/cropped-dhsSiteicon-1-32x32.png On Behalf of Driggers, Schultz & Herbst <![CDATA[Your rights under the Aviation Whistleblower Protection Act]]> https://www.driggersschultz.com/?p=48095 2026-08-13T20:31:20Z 2026-08-06T15:56:07Z What may qualify as protected activity for Aviation professionals? AIR21 may cover employees of certain U.S. air carriers, aircraft manufacturers and designers. Its safeguards can also extend to workers employed by their contractors, subcontractors or suppliers. The law bars employers from punishing protected conduct. Common examples include:
  • Reporting suspected violations: You inform an employer or the federal government about a suspected Federal Aviation Administration (FAA) violation. The report may involve an FAA order, rule or standard. AIR21 may also protect reports about other federal aviation safety laws.
  • Taking part in proceedings: You file or assist with a proceeding involving an alleged safety breach. AIR21 may also protect you if you testify in one.
  • Refusing unlawful assignments: You decline work that you reasonably believe would violate an aviation safety requirement.
An employer’s conduct after these actions may support a retaliation claim. Examples include termination or reduced pay. If your employer fired you after an FAA report, timing and emails may connect the two events. To prevail, you must show that your protected conduct contributed to the employer’s decision. The employer may avoid liability through clear evidence. It must prove that it would have taken the same action without your protected conduct.

Potential remedies for a whistleblower claim

If your AIR21 claim succeeds, relief generally aims to restore what you lost. It may include reinstatement, back pay with interest and restored job terms. Compensatory damages may address other proven losses. An order can also direct the employer to correct the violation. You may recover reasonable attorney and expert-witness fees in appropriate cases. To seek these remedies, AIR21 sets a strict deadline for filing your complaint with the Occupational Safety and Health Administration (OSHA). You generally must file with the agency within 90 days. The filing period usually begins when you learn of the alleged retaliatory action.

How preparation may support an AIR21 complaint

Your AIR21 complaint should identify the safety concern, your employer’s knowledge and the later job action. Clear dates, communications and employment records can show how those events connect. Careful preparation may also establish that the law applies to your employment. A Michigan aviation whistleblower lawyer can assess the employer’s status, organize supporting evidence and explain OSHA’s administrative procedure.]]> On Behalf of Driggers, Schultz & Herbst <![CDATA[What are your rights under the aviation whistleblower protection act (AIR21)?]]> https://www.driggersschultz.com/?p=48092 2026-06-05T00:03:21Z 2026-06-05T00:03:07Z 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=48088 2026-03-27T22:32:01Z 2026-03-25T09:57:16Z What 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=46848 2021-10-12T18:43:21Z 2021-10-12T18:43:21Z Survey 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=46789 2021-06-09T21:47:29Z 2021-06-09T21:47:29Z Equal 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=46784 2021-04-28T23:07:19Z 2021-04-29T17:00:34Z once 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=46781 2021-08-31T06:16:32Z 2021-04-28T18:19:15Z before you talk to the insurance agent, because:
  1. 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.
  2. 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.
  3. 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=46778 2021-08-31T06:16:59Z 2021-04-28T15:14:42Z Get 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=46771 2021-04-27T22:32:00Z 2021-04-27T22:32:00Z
  • 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=46758 2021-03-16T18:25:18Z 2021-03-16T18:25:09Z What 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.]]>