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Tennessee Employment Law Questions & Answers
1 Answer | Asked in Contracts, Employment Law and Business Law for Tennessee on
Q: I have a check that was written to “buyout” my contract until the end of the month. I don’t agree but I got to eat

It says buyout on my check that has pay due to me via salary plus a little more. I’ve been severely lied to and I will take action but this money is added to my regular salary and I have bills so do I use a without prejudice UCC on the check before I sign. Even if I use the code without prejudice... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 14, 2022

If you cash the check it will probably be an accord and satisfaction of any debt owed. Either file suit or take the money.

1 Answer | Asked in Employment Law for Tennessee on
Q: I lost my job in May. The company I was working for claims that I "cussed out my supervisor and walked off the job".

My recollection of that night is somewhat different. I was having a regular night, but a little before halfway through the shift I started to get the aura of a migraine headache and I informed my supervisor that I was going to be leaving early. I also said that I had 8hrs of PTO accrued and, if... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 8, 2022

Tennessee is an employment at will State. No reason is needed for termination.

1 Answer | Asked in Employment Law for Tennessee on
Q: I earn paid time off for each hour I work. Is the company required to pay out my PTO after I quit. Gave 2 week notice.

Company policy is PTO is forfeited.

Courtney Cotter
Courtney Cotter
answered on Jun 21, 2022

If the company policy is that PTO is forfeited, then unfortunately you will lose your PTO.

Tennessee Wage Regulation Act, Tenn. Code Ann. 50-2-103(a)(3), provides:

… The final wages of an employee who quits or is discharged shall include any vacation pay or other compensatory...
Read more »

1 Answer | Asked in Personal Injury and Employment Law for Tennessee on
Q: My job fired me because I have a health problem. What can I do?

I have a chronic heart problem and my job has just fired me because of that. How can I find a lawyer to take the case?

Alexander D. Weatherby
Alexander D. Weatherby
answered on Jun 2, 2022

Hi! Based on your post, it sounds like you need an employment lawyer, not a personal injury lawyer. I would recommend that you contact the Tennessee State Bar for a referral to an employment lawyer ASAP to ensure your rights are protected. I wish you the best with your case - Alex

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Employment law and stock option grant question

Hi there--I was laid off from my job at a tech company last week. I have stock grants that vest 20% each year for 5 years. The lay-off occurred 10 1/2 months into my 2nd year of vesting, so I'm leaving a lot of money behind. I'm 54 years old and other people performing much worse than... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on May 31, 2022

You should contact a Tennessee employment attorney to discuss a potential age discrimination claim under the Age Discrimination in Employment Act (ADEA). As for your contract containing the stock grants and the separation agreement you were given, you should also have these reviewed by a Tennessee... Read more »

1 Answer | Asked in Contracts and Employment Law for Tennessee on
Q: Owner of salon just sold business and new owner requires new contract to be signed by June 1st. Now does not wish to

Continue business relationship and asked me to leave. I am booth rental and have no contract with new owner, can she just tell me to leave or must she give me adequate notice?I am in Knoxville TN.

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 23, 2022

if you had a contract with the prior owner/ a lease - then you may have an ability to rely upon this as to the term of same.

1 Answer | Asked in Business Law, Civil Litigation, Employment Law and Contracts for Tennessee on
Q: Can I take legal action as an independent contractor against a company that didn't pay me even without a formal contract

Hi! Im an independent contractor working in the audio engineering field. Back in November, the company managing production for a local venue asked one of their regular independents for recommendations for more people to bring in and I was asked to come in for one day. After completing the gig, the... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Feb 4, 2022

If The company asked you to do the work -and you did the work- you should be entitled to be paid. The fact there is not a writing shouldn't prevent you from making a claim.

You may want to formally write them sending an invoice for your services - and if that doesn't work you...
Read more »

1 Answer | Asked in Employment Law and Immigration Law for Tennessee on
Q: as a H1B employee, can i work from India for a couple of weeks. is there any legal restriction on it. Thanks.
Rehim Babaoglu
Rehim Babaoglu
answered on Jan 28, 2022

I assume you mean performing work for the same company that petitioned for you, Yes, you can work remotely. Or, you can work for another employer - in India, only.

1 Answer | Asked in Employment Law for Tennessee on
Q: What are my options for breaking a 90day contract clause and leaving early from a 3 year contract.

I have to give a 90 day notice of quitting, but my new job says they need me to start 3/1/22 and that’s a hard line. I wouldn’t be out of this current job until mid April if I give the full 90 days. There is someone who could take over for my position, but it means the main boss wouldn’t get... Read more »

Jordan T. Newport
PREMIUM
Jordan T. Newport
answered on Jan 24, 2022

Tennessee is an at-will state. This means that employees are allowed to leave their employment at any time without a reason, or in other words, this means that there are no federal or state laws that require an employee to give notice to his or her employer before quitting, subject to a few... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: I have been arrested under shoplifting worth of $300. My case has been expunged.

After 3 years of that incident I have applied to bank for IT job they have requested for fingerprints should this record appears.

Thanks

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 30, 2021

What is your question ?

1 Answer | Asked in Employment Law for Tennessee on
Q: I punched my toolbox out of anger at work I think I broke my hand

I told my service manager about it and showed it to him, I was told well you shouldn't have punched anything, so now Im still at work putting myself in agony trying to do my job.

Carrie Dyer
Carrie Dyer
answered on Dec 29, 2021

I'm not sure what your question is. If you think you broke your hand, you should seek medical treatment. If your medical provider recommends that you take time off of work or gives you restrictions, you should inform your employer. If you need to miss work, and you are otherwise eligible, you... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: Central freight is closing with no 60 day notice to employees. Does this violate the warn act?
Rhiannon Herbert
Rhiannon Herbert
answered on Dec 14, 2021

More information is needed to answer this question. While the WARN Act generally does require 60 days' notice prior to a mass layoff or plant closing, there are a lot of exceptions and qualifications to this general rule. You should contact a Tennessee employment attorney to discuss the... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: I was fired for asking my employer about my pay and the next day, he emailed me a termination letter. What can I do?

I asked my employer about my pay and the next day, I received a termination letter stating “due to lack of experience “ as the reasoning. I’ve NEVER been written up or received any verbal warning about “lack of experience” although employer knew before hiring me, that I didn’t have the... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 2, 2021

Tennessee is a terminable at will State. Unless there is an employment contract, administrative law proceeding governing a government job, or some kind of employee handbook violation, the employer has total discretion in Tennessee.

1 Answer | Asked in Employment Law and Education Law for Tennessee on
Q: Perm Sub - can my school change my position and contract at will?

I started in July working as a Permanent Sub teaching High School English with the intent that the school that hired me would help with my pursuit of certification. I was also told that after getting my certification I would get a raise and be instated as an HS ELA teacher full stop. My contract... Read more »

Jonathan William Doolan
Jonathan William Doolan
answered on Oct 29, 2021

Your answer depends greatly on the wording of the employment contract between you and your employer. I would suggest that you schedule an appointment with a local attorney who practices employment law and they can provide a better opinion after reading your contract.

1 Answer | Asked in Employment Law for Tennessee on
Q: Under overtime exemptions when does the managing two employees section kick in?

Under exempt employees salary laws. It says if you manage two or more employees you are exempt from overtime. I worked as a night manager at a quick-serve restaurant. Most nights I worked I would be with one employee but they would change out with other employees depending on the shift. Every so... Read more »

Rhiannon Herbert
Rhiannon Herbert
answered on Sep 14, 2021

More information is needed here. Under the executive exemption, you are exempt from the overtime pay requirements of the FLSA if you manage at least 2 employees or their equivalent (among other requirements). This can be two full-time employees, or their "equivalent" (i.e. two part-time... Read more »

1 Answer | Asked in Employment Law and Business Law for Tennessee on
Q: My husband’s employer has been deducting ins. premiums out of his check every week since Nov. 2020 and not paying ins.

My husband has had almost $8500 deducted from his paycheck for insurance premiums that have not been paid by the employer. What recourse do we have? I feel we are owed that money back. Also, we’re getting bills now for medical services / doctors appointments that we assumed we had coverage for.... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Aug 16, 2021

Contact the employer to determine - if this is not resolved contact the department of labor.

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Can I be fired for having an odor due to hoarding caused by a mental health issue?

My supervisors have had complaints and have spoken to me about this. I thought is was a body odor issue and changed all my personal hygiene items even laundry products, but then realized this after talking to a professional counselor. My company sent me home 2 days ago and have yet to let me know... Read more »

Carrie Dyer
Carrie Dyer
answered on Jul 13, 2021

Generally speaking, while it might be unfair or unethical, it is not unlawful to terminate an employee due to complaints of body odor. More information is necessary to fully understand your situation. It does not sound like your employer is aware that a medical condition is causing the issue. You... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI and Employment Law for Tennessee on
Q: i was convicted of a class A misdemeanor (dui) in the state of Tennessee in the year 2019 can i still work at a daycare
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 28, 2021

To my knowledge a DUI Conviction does not affect such employment. If you have some sort of License, and there is a complaint, you might have to deal with that Regulatory Agency.. Tennessee is a Terminate At Will State anyway.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Tennessee on
Q: Let go refused to tell why, age 70 and less than a year work comp. Sep Slip- Lack of Work, Job posted next wk.

Do I have a case? I was in excellent health before injury and my age was not a problem. Injury had nothing to do with age, instead work station and vendor communication did. Before injury co-workers and local management had no idea of my age from appearance and job performance. Records were at... Read more »

Kyle Anderson
Kyle Anderson
answered on Jun 9, 2021

Hi, more information is needed here. Were you injured on the job and filed a workers compensation claim? Some states have an anti-retaliation law that prohibits retaliation for filing a workers compensation claim. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Tennessee on
Q: Do I have a case for Age Discrimination and Retaliation?

Let go refused to tell why, age 70 and less than a year work comp claim, Separation Slip - Lack of Work, My Job posted the next week.

I was in excellent health before injury and my age was not a problem. Injury had nothing to do with age, instead work station and vendor communication did.... Read more »

Carrie Dyer
Carrie Dyer
answered on Jun 8, 2021

More information is needed to analyze your situation. You may have a claim under the Americans with Disabilities Act, depending on the impact resulting from the injury you sustained. You could also have a claim under the Age Discrimination in Employment Act and/or a state law workers'... Read more »

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