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Tennessee Employment Discrimination Questions & Answers
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.

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 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 Employment Discrimination and Employment Law for Tennessee on
Q: Can I be disciplined for missing work with a doctors note
T. Augustus Claus
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answered on Aug 23, 2023

In Tennessee, as in many states, employers generally have the right to discipline employees for missing work, even if they provide a doctor's note. However, the specifics of your situation, the nature of your employment, and your employer's policies will play a significant role in... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Can Wholefoods contact a former employee to inquire about a current one
T. Augustus Claus
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answered on Jul 31, 2023

If Whole Foods is contacting a former employee to inquire about a current employee, it could be for reasons such as verifying employment history, seeking a reference, or conducting an investigation. Employers may contact former employees as part of their standard employment practices or to gather... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Is it legal for an employer to fire you basied on your autoimmune disease without any bases for it effecting your work?

Coworker was told that their autoimmune disease was making them apparently seem unhappy and to seek help. That they could no longer work for the company due to it

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

This is a tough question.

Under the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activity. An autoimmune disease can be, but is not necessarily, a disability. If it does not effect your work, it seems likely that it does not...
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Q: I have been missing hours on every paycheck from day 1. I was taxed 3 times for hours I worked and wasn't paid for.

Final warning notice and 7 day suspension for things that were not true. Never received any warning to begin with. The manager doesn't like me because I kept complaining about my inaccurate pay so she is trying to get me fired for reasons that I know are inaccurate. This company is a gas... View More

James L. Arrasmith
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answered on Oct 20, 2024

I'm sorry you're experiencing this situation. Start by gathering all your pay stubs, timesheets, and any written communication related to your wages and promises of raises or bonuses. Document every instance of discrepancies and any interactions with your manager regarding these issues.... View More

1 Answer | Asked in Tax Law, Employment Law, Civil Rights and Employment Discrimination for Tennessee on
Q: I was taxed 3 times on on an already taxed (by the company) amount of $120. They taxed me 20 %

I was taxed 3 times on a my paycheck due to them missing 9 hours off of my paycheck. The remedy they had was to pay me for the time they missed off my check (all OT hours) in Cash in which they had taxed themselves and then put the hours on my next week's paycheck causing me to pay even higher... View More

James L. Arrasmith
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answered on Oct 8, 2024

I'm sorry you're experiencing these payroll issues. Start by gathering all your pay stubs, cash receipts, and any written communication with your employer about your pay. This documentation will be crucial when addressing the discrepancies.

Reach out to the Tennessee Department of...
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1 Answer | Asked in Civil Rights and Employment Discrimination for Tennessee on
Q: Can a company refuse me to take my personal vehicle when being suspended

Took a DOT drug/breath alizer test and the company has me on suspension waiting on drug screen results but refused to allow me to take my personal vehicle home. they are having it transported by a tow company.

James L. Arrasmith
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answered on Sep 27, 2024

If you're placed on suspension pending drug test results, a company may have policies in place that restrict the use of personal vehicles, especially if safety concerns are involved. Since this situation pertains to a DOT test, which often involves safety-sensitive positions, the company might... View More

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Tennessee on
Q: Can a private (Catholic) University be sued for sexuality-based discrimination in employment termination?

This particular University has a clause in its *Faculty Handbook* (which is legally part of every faculty contract) that explicitly states it "will not base decisions with respect to these [termination] policies on race, color, sex, sexual orientation, age, mental or physical disability,... View More

James L. Arrasmith
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answered on Sep 7, 2024

Yes, a private Catholic university could potentially be sued for sexuality-based discrimination in employment termination, especially if it has committed in its Faculty Handbook not to make decisions based on sexual orientation. The clause in the handbook creates a contractual obligation that the... View More

1 Answer | Asked in Employment Discrimination for Tennessee on
Q: I missed 2 days of work with a dr statement and got fired for a job I just started.is that legal

I called in and they told me to have a dr note when I came back.i did

Anthony M. Avery
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answered on May 10, 2024

Yes TN is an employment at will State.

1 Answer | Asked in Employment Law, Libel & Slander, Civil Rights and Employment Discrimination for Tennessee on
Q: In 2020, I was wrongfully arrested for an attempted second degree murder, and i haven't been able to get a job since.

I wasn't connected to the attack but the victim was my best friend. They had put out a warrant for my arrest and put me on the news as armed and dangerous when their evidence wasn't solid at all. All charges we dropped but only after I bonded myself out and provided video evidence proving... View More

Anthony M. Avery
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answered on Oct 17, 2023

The SOL for such civil rights/GTLA actions has been extended a little in TN. You did not state the date the prosecution was dismissed. If you want to pursue this, you will need to get in gear fast, and the SOL may have already run. If indicted, most Courts find probable cause for the arrest.

1 Answer | Asked in Employment Discrimination for Tennessee on
Q: Can I be fired for what my spouse says about or tags the company in on social media?

My spouse is a previous employee at my current place of employment. There have been many coworkers who have informed me that my director is looking to terminate my employment because of social media posts my spouse is tagging the company in. I work in Kentucky. Is this legal?

Anthony M. Avery
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answered on Sep 6, 2023

Contact someone in KY. TN is a terminal at will State.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Employer gave me a promotion and pay raise, but refuses to pay me the rate they promised.

I was recently promoted to assistant manager. I got what was supposed to be my first check with the pay raise. It was at the same rate I was making as a basic employee. Upon asking why the pay rate hadn’t changed, I was told that I “didn’t deserve” the pay they had promised me.

Anthony M. Avery
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answered on Jun 27, 2023

TN is an employment at will State. Apparently you do not have an employment contract. It does not appear you have a recourse except to work elsewhere.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Are there any consequences for an employer not giving a separation notice within 24hr? And lying on it?

I was told I still had my job and out of nowhere I received a (backdated by 6 days) separation email

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 25, 2023

Generally no. In at-will employment states, either you or your employer may terminate the relationship at any time and for any reason, and no written notice of termination is required. The one exception to this rule is if you signed an employment contract with your company that sets forth special... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Tennessee on
Q: Can I file a lawsuit for discrimination on behalf of a deceased relative?

I have notes written by the deceased with dates, documentation of instances and circumstances of unfairness and irregularities, unresolved complaints, etc.

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answered on Mar 8, 2023

The most important witness is the plaintiff as to both the cause of action and damages. It is doubtful you could prosecute the case. Alot of what you have is heresay, even with the declarant dead.

1 Answer | Asked in Employment Law, Business Law, Civil Litigation and Employment Discrimination for Tennessee on
Q: Will someone please answer this for me? I was fired today.

I was fired from a local company and the reason was they found out I was in recovery and said via text “we can’t have you come back with your history of drug abuse. We are afraid you’ll steal”. I have asked this question multiple time and can’t get a response. Do I have any legal action?

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answered on Dec 6, 2022

Unless there is a contract, all TN employment is terminable at will of the employer. No action exists.

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... View 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... View More

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... View 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... View More

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... View 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.

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