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Tennessee Employment Law Questions & Answers
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.

0 Answers | Asked in Business Formation and Employment Law for Tennessee on
Q: My boss left papers outside my job with all my information on it (name, address, date of birth, social Security number)

One of my coworkers found paper outside as he was going to throw them away he say my name on the paper with all my personal details of them I’m scared someone took a picture of them what should I do?

0 Answers | Asked in Contracts and Employment Law for Tennessee on
Q: Am I required to give a 4 month notice to my new job?

I just received a work contract from my new job. I haven’t signed it yet. It says I am an at will employee, but then says I need to give a 4 month notice before terminating my position. Am I legally obligated to do that if I sign the contract? I live in TN.

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

0 Answers | Asked in Employment Law for Tennessee on
Q: Bosses took only the men on a company duck hunting trip. With 2 paid days off while the women worked, no plans for girls

The two owners of our company invited only the men on a weekend out of state duckhunting trip. This included a Friday and a Monday paid off. The women of our company worked we were not even informed of the trip until the day before. I have brought this up to my immediate supervisor and he told me... 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

0 Answers | Asked in Employment Law for Tennessee on
Q: I need to file a review against the commissioner of labor workforce development. I’m having a hard time finding the form

I went to the court yesterday they do not have any forms there, which I find very confusing

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.

1 Answer | Asked in Employment Law for Tennessee on
Q: I attended a company conference in which one company official played a clip from a movie containing obscene language.

It was very uncomfortable viewing in an audience of male and female associate and additionally with the Corporate HR and Director of HR watching this laughing.

Anthony M. Avery
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answered on Nov 21, 2023

What is your question?

1 Answer | Asked in Civil Rights, Consumer Law and Employment Law for Tennessee on
Q: Do walmart employees have a legitimate reason to start following someone around the store if someone comes in to shop

Then the person they are with asks if they could go back out to the vehicle and get something out of the vehicle to exchange, so they leave it at the return counter and let them know the person who needs to exchange it is in the store shopping so they asked you to grab item out of vehicle and you... View More

James L. Arrasmith
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answered on Nov 9, 2023

Walmart employees, like those of any retail establishment, are often trained to observe for unusual or suspicious behavior as part of loss prevention strategies. Leaving an item at the return counter with an explanation that someone else will finalize the transaction could be seen as unusual and... View More

1 Answer | Asked in Government Contracts and Employment Law for Tennessee on
Q: Can a State job lower your beginning salary as a new hire because ADHD

Just wondering!

T. Augustus Claus
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answered on Oct 27, 2023

In Tennessee and generally in the United States, employers, including state jobs, are typically prohibited from reducing a new hire's starting salary solely because of a disclosed disability such as ADHD. It is illegal for employers to discriminate against individuals due to a disability under... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: For TN parental leave do the 12 months apply to anytime employed? Hired 2015, left in 2020 but returned 4/2023.
T. Augustus Claus
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answered on Oct 17, 2023

No, the 12 months of employment required for Tennessee parental leave do not apply to anytime employed. The 12 months must be consecutive months of employment with the same employer, beginning with the date of hire. So, in your case, you would not be eligible for parental leave until April 2024.... View More

1 Answer | Asked in Civil Rights, Employment Law and Libel & Slander for Tennessee on
Q: What to do when you are harassed by Asset Protection,

I work for a company called Spark. It is the delivery company for Walmart. We are owned and operated by Walmart. There is a specific store that I work at that I am being harassed by one particular AP employee. She is telling the front end of the store that I am stealing. Which of course is not... View More

James L. Arrasmith
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answered on Nov 9, 2023

In dealing with accusations from an Asset Protection (AP) employee, you should first document all incidents, including dates, times, and witnesses. It may be helpful to formally report the harassment to your direct supervisor or the human resources department, following your company’s procedures... View More

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