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Tennessee Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Tennessee on
Q: How do I access a lawsuit that was file against my employer?
Anthony M. Avery
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answered on Jul 22, 2024

You go to the Courthouse and ask to look at the Court's File on that Case. Some Clerks are not friendly, so be patient. You probably want to read the entire File, but that may not happen.

0 Answers | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: I was fired from my job for not taking the Covid vaccine on 11-2-2021. Has the statute of limitations expired to sue? TN

I have Graves disease, so taking the shot was not something I wanted to do. I was a contractor assigned to a Tyson site. Vaccine were mandated to be done by 11-1-2021. Almost all religious and medical exemptions were denied.

0 Answers | Asked in Employment Law for Tennessee on
Q: I need to know how to go about next steps in my workplace.

I called my boss to ask about a situation he immediately started screaming at me on the phone leading to him screaming “ shut the f$)k up multiple time at the top of his lungs to me. I hung up and told him I was going home. A few days later I told him I wanted to put it in writing and report it... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: I’m a salary employee who works for corporate was forced to work on a paid holiday when everyone was off

I have worked for the company for 4 years and have received the same holidays off with pay I switched to a different department which is still part of corporate office. We was the only team who was forced to work.

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

Businesses can legally open and staff on holidays. Unless you are subject to a union contract, individual employees are free to contract with their employer as they choose unless the specific matter is precluded by law.

0 Answers | Asked in Employment Law for Tennessee on
Q: I was fired from my job after 2 weeks. I reached out for a termination letter and they refused saying I resigned. Help?

The reason they say I resign is because after they fired me I was offered a lower paying position and turned it down. This position was not what I applied for, not was I was hired for, and was offered after they told me I was terminated.

1 Answer | Asked in Employment Law for Tennessee on
Q: I have been out of work for almost a week and I have a doctors note I hurt my back at home can I be fired for missing wo
Anthony M. Avery
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answered on Jun 12, 2024

Yes as TN is a terminable at will State.

1 Answer | Asked in Health Care Law and Employment Law for Tennessee on
Q: I qualify for my employer's health insurance, I have enrolled but have not received anything. Are they breaking the law?

I qualify for coverage and it was supposed to have been provided over two months ago but I have yet to receive anything from them and I have contacted HR, corporate office, my manager, and the administrator with no response. Are they breaking the law?

Tim Akpinar
Tim Akpinar
answered on Jun 1, 2024

A Tennessee attorney could advise best, but your question remains open for two weeks. If there's deceit or falsification involved, yes, it could be breaking the law. But from your post, there aren't enough details to tell what's going on - it's possible it could be... View More

1 Answer | Asked in Criminal Law, Employment Law and Gov & Administrative Law for Tennessee on
Q: Can I obtain an insurance producer license in TN with a drug felony conviction in 2009?

I have a felony criminal record in Florida from 2002-2009. There are drug related felonies. I satisfied all terms of sentences in Oct. 2010. I've not been convicted of a crime since May of 2009. Is there a path in which I am able to acquire an insurance producer license in the state of... View More

Anthony M. Avery
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answered on May 20, 2024

Contact a FL attorney about what might be done with the conviction. Then contact the appropriate Commerce & Insurance Department in Nashville for eligibility.

D

1 Answer | Asked in Employment Law and Immigration Law for Tennessee on
Q: My employer is asking me to pay for H1b filing fee. Is it legal to do so and will it affect my future in U.S.?

I joined employer 'X' in Aug 2022 on H1b (transferred from previous employer). My H1b got maxed out in Dec 2023 and I moved out of country, and my employer also stopped running my payroll since then. My PERM was filed in Apr 2023, which got approved recently and now my employer is asking... View More

James L. Arrasmith
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answered on May 14, 2024

It is generally not legal for an employer to ask an employee to pay for H-1B filing fees. The U.S. Department of Labor mandates that these fees should be borne by the employer, not the employee. Paying these fees yourself could potentially cause issues with compliance and affect your visa status.... View More

1 Answer | Asked in Criminal Law, Employment Law and Business Law for Tennessee on
Q: Can you be prosecuted for something you did not know was wrong?

Can you be prosecuted for something you did not know was wrong?

I work at A rent to own place and I put items on rent for a coworker in my deceased grandmother’s name. The coworker makes on time payments never missed one. It’s not for a ridiculous cheaper price they still pay more than... View More

Anthony M. Avery
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answered on Mar 20, 2024

Yes... If charged with theft, etc., hire an attorney to represent you. Also be prepared to make bond. Do not talk about it, but you have already admitted it.

1 Answer | Asked in Employment Law for Tennessee on
Q: Can an employer change the pay scale after an interview?

I currently work with a company and applied for a promotional move. The pay scale was included in the job description. After interviewing, I am told they are going to offer me the position but they are lowering the pay scale.

Is this legal?

Anthony M. Avery
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answered on Feb 29, 2024

Yes... TN is employment at will State unless there is a contract.

1 Answer | Asked in Employment Law and Tax Law for Tennessee on
Q: I just found out that one of my 1099 workers is an illegal immigrant and doesn’t have a ssn,EIN Do I need to fire them?

It’s tax time, which is how we found out the person was illegal. Can we pay the persons taxes and be fine? Or do we need to let the person go?

James L. Arrasmith
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answered on Feb 5, 2024

Discovering that a worker does not have a Social Security Number (SSN) or Employer Identification Number (EIN) and is not authorized to work in the United States puts you in a challenging position. Under U.S. employment law, employers are required to ensure their employees are eligible to work in... View More

1 Answer | Asked in Business Law, Civil Rights, Municipal Law and Employment Law for Tennessee on
Q: Can an employer put up camera surveillance in the workplace without disclosing their locations? I love in Tennessee

I understand and agree to camera surveillance in the workplace for security. But my employer wants to use it to “keep an eye on productivity”. She claims she’s not going to tell us where said cameras are, but I feel like this may be a violation of employee privacy. Especially if we need to... View More

James L. Arrasmith
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answered on Feb 4, 2024

In Tennessee, employers generally have the right to install cameras in the workplace for purposes such as security and monitoring productivity, provided the surveillance does not occur in areas where employees have a reasonable expectation of privacy, such as bathrooms or locker rooms. However, the... View More

1 Answer | Asked in Consumer Law, Communications Law, Internet Law, Libel & Slander and Employment Law for Tennessee on
Q: a president of the hoa fired me and now is slandering my name and holding my pay

he is a Bullie racist. He lies and he breaks by laws and my contract. He is petty and spiteful

James L. Arrasmith
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answered on Jan 31, 2024

I'm sorry to hear about your situation. It's crucial to address this issue properly. First, gather all evidence of the President's actions, such as emails, documents, and any witnesses who can support your claims. Consult an attorney experienced in employment law to review your... View More

1 Answer | Asked in Civil Rights and Employment Law for Tennessee on
Q: Guy at work intentionally blew toxic microplastics on me with leaf blower with no provocative actions to make him do tha

Now I fear of excessive inhalation on to microplastics. Also running around bragging about it to everyone. Bosses seen it and done nothing too

James L. Arrasmith
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answered on Jan 28, 2024

If your description of the events is accurate, what this person did was clearly wrong and concerning. Some key points to consider:

- Intentionally blowing toxic substances like microplastics on someone with a leaf blower, especially without provocation, could qualify as assault and battery...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Tennessee on
Q: I got coerced to leave a job after I had an inpatient hospitalization. Do I have grounds to sue for discrimination.

I was not permitted to come back to my original position. I was given three options: move to a much-lower paying position and take a $5 pay cut, get ADA accommodations, or leave and get a severance.

James L. Arrasmith
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answered on Dec 27, 2023

In Tennessee, if you feel that you were coerced to leave your job following an inpatient hospitalization, there may be grounds to consider a discrimination lawsuit. Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to employees with... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: How do I get my Tennessee PTA license back when it's been suspended for 3 years?

Liscense was suspended/revoked in 2020.

James L. Arrasmith
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answered on Dec 25, 2023

To reinstate your Tennessee PTA license after a suspension or revocation, you'll typically need to follow a specific process set forth by the Tennessee Board of Physical Therapy. Here's a general guideline for your situation:

Contact the Board: Reach out to the Tennessee Board of...
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1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: I was wrongfully terminated by Amazon My child overdosed and I provided documents of her being admitted to the hospital.
T. Augustus Claus
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answered on Dec 4, 2023

In Tennessee, employers are generally not allowed to terminate employees for taking leave to care for a sick family member. The Tennessee Family and Medical Leave Act (FMLA) allows employees to take up to 12 weeks of unpaid leave per year to care for a sick family member, including a child.... View More

1 Answer | Asked in Contracts and Employment Law for Tennessee on
Q: I'm a Physician assistant trained in emergency medicine. Can urgent care enforce a Noncomp to keep me out of the ER?

I have a noncompete in my urgent care contract. My boss is not fulfilling the hours or my bonus according to my contract so I'm leaving. It is stated as "not over 50% walk in volume" which would apply to emergency rooms too. I'm ER trained with a doctorate in EM. Can this urgent... View More

Anthony M. Avery
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answered on Nov 30, 2023

It appears that the contract will be breached by your working in an ER. Hire an attorney to read the contract and listen to the prospective new jobs. You may get sued in any event and have an attorney ready to go.

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