Litigation • Business • Employment
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Gregg Mathis joined Tishkoff PLC as a Paralegal in February 2019. He has extensive experience in the customer service industry and brings his shining personality as a benefit to Tishkoff PLC’s staff and clients alike. Gregg grew up in Howell, Michigan, but now resides in the Whitmore Lake area, which is 15 minutes outside of Ann Arbor. Gregg is an avid reader, gamer and animal lover who gives back to his community by volunteering to help rescued animals find loving homes. On his off-time, you can find Gregg on the water boating or enjoying a game night with his family and friends after Sunday dinners.
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Jessica Peifer holds an associates degree in Liberal Arts. She has 7 years of customer service experience with 5 Years of management experience. She loves spending time with her dog a King Charles Cavalier Mixed with a Cocker Spaniel. She also enjoys hiking, swimming, gaming, and going on the occasional adventure.
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Tishkoff Files Federal Race And Age Lawsuit Against Family Dollar.
Amended Federal Complaint
Tishkoff filed an amended complaint for Plaintiff Timothy S. Boykin against Defendant Family Dollars Stores of Michigan, LLC in the United States District Court for the Eastern District of Michigan on April 29, 2019.
Amended Complaint: https://www.dropbox.com/sh/uwqvyk2w23dqnex/AADsmB4plfauIUnuftGYkrTNa?dl=0.
Subject Matter
Mr. Boykin is an African American male, seventy years old. After gaining experience and distinguishing himself as a store manager for several major supermarkets, Mr. Boykin accepted an offer and commenced employment with Family Dollar in Michigan. Throughout his 15 years of employment with Family Dollar, Mr. Boykin maintained an impeccable employment record. Nonetheless, Mr. Boykin’s supervisors in 2017 and 2018 continuously asked Mr. Boykin when he was going to retire.
On July 8, 2018, at 8:58 p.m., Afshin Jadidnouri approached the Family Dollar store where Mr. Boykin was working as Store Manager. When Mr. Jadidnouri was entering, a clerk at the front entrance door informed Mr. Jadidnouri that the store was closing in 2 minutes. After the store closed, as he had on many occasions throughout the last 15 years, Mr. Boykin politely informed Mr. Jadidnouri that the store closed and asked him to please make his final selection and take it to the cashier.
Mr. Jadidnouri replied to Mr. Boykin by stating “is that a Family Dollar policy or a N***er policy?” Mr. Boykin asked Mr. Jadidnouri to leave the store and Mr. Jadidnouri told Mr. Boykin "f**k you," whereupon Mr. Jadidnouri crumpled up one of the store's greeting cards and threw it on the floor. Mr. Boykin asked Mr. Jadidnouri several more times to leave the store and began to escort him out of the building, at which point Mr. Jadidnouri pushed Mr. Boykin. Mr. Boykin then asked the assistant manager to call the police. As Mr. Jadidnouri was trespassing on the store premises and refusing to cooperatively and reasonably leave, Mr. Boykin ushered him out the front door of the store.
Mr. Jadidnouri told the police that he wished to file charges against Mr. Boykin. Following an thorough police investigation, the criminal case was denied because Mr. Jadidnouri refused to leave the private property at the request of Mr. Boykin. As stated in the police report, “This is a criminal trespass on the victim’s behalf per state law.”
On July 9, 2018, Mr. Jadidnouri demanded to meet with Family Dollar area operations manager Ron Durham. At the meeting, Mr. Jadidnouri repeatedly told Mr. Durham that he demanded that Family Dollar agree to terminate Mr. Boykin. On August 7, 2018, Mr. Durham handed Mr. Boykin a print-out of an email that Mr. Durham said he received on August 1, 2018 from Family Dollar associate relations manager Brian Nini. Mr. Durham then told Mr. Boykin that Mr. Durham had to do something to Mr. Boykin which Mr. Durham did not agree with. Mr. Durham indicated Mr. Boykin was terminated, effectively immediately. The above email from Family Dollar’s Mr. Nini directed Mr. Durham to terminate Mr. Boykin and added, “When discussing his separation – I would recommend the following verbiage...Based on our investigation, you (sic) employment will be terminated immediately.”
Theories of Recovery & Requested Relief
Mr. Boykin’s complaint seeks monetary damages and an injunction under the 13th and 14th Amendments to the United States Constitution, and for racial discrimination and age discrimination in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e,
et. seq
., as amended, the Age Discrimination In Employment Act, 29 U.S.C. § 621,
et. seq.
, and the Elliot Larsen Civil Rights Act, MCL 37.280,
et seq
.
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What Is The Difference Between Lost Profits and Lost Business Value?
Lost profits are generally calculated before the deduction on income taxes because lost profits awards are taxable upon recovery. Conversely, lost business value occurs when a business never commences operations, ceases all or part of its operations, or permanently loses a segment of its business.
Lost profits v. Lost business value
In commercial litigation, the primary role of a financial expert is to compute economic damages that may have been suffered by a party.
In order to quantify economic damages, experts are commonly asked to calculate lost profits and/or lost business value. As a result, they must determine which approach is most appropriate to use.
A fundamental difference between lost profits and lost value is the expected duration of the loss. Loss profits are a measure of damages typically utilized when a business or segment of business continues to operate but suffers reduced income for a finite period’ and measurement is calculated for a period until the business regains the position it would have been in had the alleged damaging act not occurred.
Lost profits represent the incremental change in revenue attributable to a particular action, plus or minus the change in expenses arising from the change in revenue attributable to a particular action. Lost value relies on net cash flow, after the deduction of all expenses. It is a measurement of a return to an investor using net after-tax cash flows that are discounted to a present value.
There are three generally accepted approaches utilized to determine lost business value. The asset-based approach involves calculating the net equity of the business. Depending on the income method chosen, the value is derived by applying a capitalization rate or a discount rate to the expected future earnings to arrive at a present value of the future benefit stream. The market approach pricing multiplies obtained from sales transactions and applies them to the appropriate performance measure of the company being valued.
These approaches are performed before and after the date of harm and the difference is considered the lost business value.
Depending on the facts and circumstances of litigation, either lost profits or lost business value approaches can be utilized-but not simultaneously. Whichever approach is used, the financial expert should ensure that the methodology and related processes are described fully and correlate to the cause of damage.
Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding business law or litigation.
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Independent Contractor Agreement
Posted on
An independent contractor agreement is a written contract that spells out the terms of the working arrangement between a contractor and client, including a description of the services provided. An independent contractor agreement should include a statement of relationship, project description, payment and billing terms, responsibilities of each party, project timeline and deadlines, termination conditions, nondisclosure terms, and confidentiality and non-compete clauses.
As every business situation is different, you may need the help of an attorney to draw a contract up. Do not hesitate to contact the attorneys at Tishkoff if you have questions regarding business law or litigation.
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Contract Disputes & Negotiations
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When reaching a business agreement, you’ll need to negotiate. That is, sit down with the other parties to the agreement and work out the details of the contract. Negotiating is one dispute resolution technique that is used to try to settle contract disputes. Dispute resolution techniques such as litigation and arbitration are adversarial possesses where one party will win, and one party will lose. No matter how through and well written contracts are, contract disputes still occur.
Negotiation strategies for conflict resolution from business negotiation can help parties mend their partnership, avoid the expense of a lawsuit, and even create value. In contract negotiations, strategies may include a dispute-resolution clause, a contingency agreement or combine dispute prevention and a contingent agreement. Negotiators who understand the importance of collaborating with one another to create value creation opportunities in disputes as you do in deals using strategy opportunities to reach a peaceful end to your dispute.
Do not hesitate to contact the attorneys at Tishkoff PLC if you have questions regarding business law or litigation.
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Ann Arbor Art Fair 2019
When: Thursday, July 18, 2019 – Saturday, July 20, 2019 from 10:00 a.m. – 9:00 p.m. and Sunday, July 21, 2019 from 12:00 p.m. – 6:00 p.m.
Where: Ann Arbor, MI
The streets of Ann Arbor will transform into an art lover’s paradise during the Art Fair where you can experience and enjoy original works of art, street performances, culinary treats and a variety of sidewalk sales. From seasoned art enthusiasts to novice collectors, thousands will make the trip to discover something truly inspiring.
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Michigan Elvisfest 2019
When: Friday, July 19, 2019 – Saturday, July 20, 2019
Where: Riverside Park
2 E. Cross St.
Ypsilanti, MI 48197
Get out your blue suede shoes! Founded in 2000, Michigan Elvisfest it is the largest Elvis tribute concert in North America. At Elvisfest, you will see award winning, professional Elvis tribute artists representing all the different eras of the “King”. In addition to the performances, there is a classic car show, free kids activities, great food, great beer & merchandise vendors. If you have always wished you could have seen Elvis in concert, this is your event.
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3
rd
Annual Rosie The Riveter Arts And Craft Show
When: July 27, 2019 from 10:00 a.m. – 4:00 p.m.
Where: North Bay Park
1001 Huron St.
Ypsilanti, MI 48197
Save the date for the 3rd Annual Rosie the Riveter Arts & Craft show! With over 500 visitors for the 2018 show and 75 vendors, you're not going to want to miss this fun and happening annual event!
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What Is Mediation? Brooke N. Mathis Is Here To Help!
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Thank you to everyone who attended the Annual Tishkoff-Boston DXA2 Run Party!
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Every day is a great day to make new friends at Tishkoff!
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Let's play some basketball!
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Tishkoff
Tishkoff PLC
407 North Main Street
Ann Arbor, Michigan 48104
734.663.4077
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