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

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3 Lawyer Answers
Bennett James Wills
Bennett James Wills
  • 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
Michal Durakiewicz pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • 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.

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