Antioch, TN asked in Employment Law for Tennessee

Q: Hello I just been Discharged from work not even knowing why.HR said I was not punching the clock right its been down

They never wrote me up I never give them reason to write me up, Very hard and good worker team player. It came to a shock to me I haven't seen a paystub in almost a year and 2 days of PTO were stolen from me what should I do

Related Topics:
3 Lawyer Answers
Bennett James Wills
Bennett James Wills
Answered
  • Brentwood, TN
  • Licensed in Tennessee

A: Contact a local employment attorney to review your situation and to evaluate your options.

A: Hi, Tennesee is an "at will" employment state, so they can terminate you for any reason or no reason at all, with a few exceptions. It sounds like they are saying you are not clocking in or out right. Even if its not your fault, they can still terminate you for it due to it being "at will."

However, more facts are needed to fully evaluate your claim. Is there a reason you have not been receiving your paystubs? Is there any reason to believe they are not accurate or you are being underpaid? I would reach out to an employment lawyer in your state for a consultation.

Michal Durakiewicz
PREMIUM
Michal Durakiewicz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Franklin, TN
  • Licensed in Tennessee

A: It seems that there are two issues here: (1) whether your employer violated the law in firing you and (2) whether they violated the law by allegedly failing to credit you your PTO time. The answer to both is: I don't know - I would need to know more facts. With respect to Number (1), most people are surprised to learn that firing an employee in Tennessee - even for bad reasons - is generally legal unless it falls under a handful of exceptions, including discrimination based on race, gender or another protected category; violation of the Tennessee Public Protection Act; or violation of a provision of a written contract between you and your employer, if one exists. I recommend you call an employment law attorney and request a free 30-minute consultation to discuss your situation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.