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Tennessee Employment Law Questions & Answers
1 Answer | Asked in Employment Law, Business Formation, Business Law and Intellectual Property for Tennessee on
Q: Deformation, lost wages, emotional distress. Investor for start up. Wanted 40% after 3mo in. Can I sue!

Contracts with local clients- established. Investor wanted to deposit “monies” from unknown sources into business account. I am a Lease holder and investor has put myself and the employees out. Investor has made slanderous comments to members of the business community. I have lost all wages,... Read more »

Frank J. Steiner
Frank J. Steiner answered on Aug 19, 2019

Based on the facts provided you may have a claim for tortious interference with business relationship.

1 Answer | Asked in Employment Law for Tennessee on
Q: Can I be fired from healthcare job if I have a pending felony and been suspended already
Anthony M. Avery
Anthony M. Avery answered on Aug 15, 2019

Unless you have a Contract or an Employee Handbook saying otherwise, yes you can be fired for any reason in Tennessee. This is an employment at will State. And being charged with a Felony often generates job loss. I recommend finding another job while you fight the Indictment. Being charged... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: My employer is offering something to one employee and not the other. Is that legal?

I had to wait two years to start a retirement account. An employee that has been here four months is eligible for the retirement plan, but another employee who has been here eight months has not even been asked to participate in the plan.

Bennett James Wills
Bennett James Wills answered on Aug 12, 2019

One would need a lot more information to determine an answer. Does the employee have a contract? Employment handbook? Perhaps there's an opt-in period? Consult a local employment attorney.

2 Answers | Asked in Contracts and Employment Law for Tennessee on
Q: Is my non compete clause enforceable?

Non compete clause (Nashville) States I can't work within 55 miles for 1 year after quiting my job as a tattoo artist because we have "trade secrets" however, if I am an unlicensed artist for one year I am no longer able to get licensed to be an artist and I would have to completely re do my... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Aug 12, 2019

I think the answer, unfortunately is "it depends." The issue is whether the non-compete is reasonable. fifty-five miles appears at first blush to be a reasonable distance to keep a tattoo artist from setting up shop "next door" and competing against the employer. But it may not be under your... Read more »

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1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: What do I do about a company that is refusing to let me off with a doctor statement I was injured on the job

I work for praxis in Savannah Tennessee I got hurt on the job with a chemical that got in my eye. I went to there doctor they really didn’t tell me what was going on other than you will b fine. I went to the Er and the doctor at the Er put me off for the rest of the week. I gave the company the... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Aug 1, 2019

There seem to be a few options. First, I would look at the workers' compensation law angle. Generally speaking, pursuant to T.C.A. Section 50-6-204, you have thirty (30) days to turn in a workers' compensation injury to your employer. If the thirty (30) days have not passed, then turn in written... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: Are there any rules regarding what documents a private employer is required to give a former employee?
Paul E. Tennison
Paul E. Tennison answered on Jul 24, 2019

Yes, in Tennessee, an employer should give an employee a separation notice when the employee no longer works for the employer. Find the TN DOL website and you can read more about those issues. Good luck.

1 Answer | Asked in Employment Law for Tennessee on
Q: How can I retrieve my 401K after employment termination?

I was terminated from my job and was told to contact the retirement plan services for my 401K. When I did so they told me that I could not get my 401K until they received a termination notice from my ex employer. I offered to fax them the copy of the termination notice they gave me the day I was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 22, 2019

Whoever is the Plan Administrator (a Trustee) is in control, and that is not the former employer (who has nothing to do with it). If you are not paid within a month after doing everything they ask, then hire a competent attorney. It is very difficult to go after your property since it is almost... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: In Tennessee can an employer ask that a potential employee have their own background check and fingerprints done?
Anthony M. Avery
Anthony M. Avery answered on Jul 18, 2019

Absolutely. You do not have to work there, and can be fired for any reason.

2 Answers | Asked in Criminal Law and Employment Law for Tennessee on
Q: Is a gun gesture with no accompanying mitigating gestures considered a threat if it happens in the workplace?

I sent a complaint to my manager. He talked me out of going to HR with the complaint. I over heard some people involved in my complaint make comments that suggested my complaint was leaked to them. On the day of, I heard him talk about being worried about being fired and after lunch he tapped my... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 1, 2019

That appears to be a very fact-based question that may need some more development by witnesses that were around, if any, and/or the strength of your own testimony.

If you knew that there was truly no gun and that the guy was just simply harassing you, it may not rise to the level of a...
Read more »

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1 Answer | Asked in Employment Law and Contracts for Tennessee on
Q: I am an independent contractor for Uber Eats and while I was working for them my tire got damaged plus I spilled ( below

(Continued from above )Plus I spilled a drink from one of the orders on the floor in my car which I had to pay to have cleaned because the server didn’t prepare it properly. Is it possible to get compensated for that

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jun 10, 2019

The amount of money involved is way too small to be of interest to most lawyers. FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex."

1 Answer | Asked in Employment Law and Tax Law for Tennessee on
Q: What do I do if my former employer never sends me my W2 information and tells me I just have to find it online?

My former employer never mailed me my W2. When January 31 passed, I went to my old job and asked about my W2 and was promptly told that they didn’t mail them and I had to go online to the store’s employee portal and get it myself. I tried to figure out what my old manager was talking about, and... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2019

Your employer is required to file a copy of your W-2 (and that of all other employees) with the IRS; call the IRS consumer line and asked them either to give you the details over the phone or send you a copy.

1 Answer | Asked in Employment Law for Tennessee on
Q: is discussing local news that involves someone at work classifiable as gossip and fire able offense.

I know that in an at will state an employer can fire you for pretty much any reason or no reason at all but my boss has threatened to fire me for gossiping because myself and a couple of other co-workers were discussing our boss's recent arrest for assault. This was in our local news so it is... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Apr 14, 2019

I think that you have partially answered your own question. Generally speaking, Tennessee is an employment-at-will State, which means that you can get terminated for any reason or no reason at all, so long as the reason is not illegal or you are protected by contract. Examples of "illegal"... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Criminal Law and Traffic Tickets for Tennessee on
Q: Can your arresting officer contact your employer and inform them of your arrest and reason for arrest?

I Live in Hamilton County Tennessee, I was on my way on from work and was pulled over by an officer due to my broken windshield. Long story short she took me to jail for possession of controlled substance (12.8G Cannabis to be exact) I Have epilepsy and have long used cannabis to help control my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 12, 2019

Yes, most certainly. If the Officer lies then slander may occur on possibly a personal level, as well as by the Department.

1 Answer | Asked in Employment Law for Tennessee on
Q: What can I do about an employer who is wrongfully adding a 30 min break to my 8 to 9 hour shift that I am unable to take
Frank J. Steiner
Frank J. Steiner answered on Mar 28, 2019

Is is paid or is the break off the clock?

1 Answer | Asked in Employment Law for Tennessee on
Q: Can employer just stop scheduling or schedule you outside availability when you were hired for specific job?

I work for large retailer, when hired 10 yrs ago I was hired for shift that worked for my family they have gradually changed it. Now they are trying to change it out of my availability, which is in thier system. I know many others they just quit giving them hours. Or scheduled them causing... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Mar 4, 2019

Generally speaking, the State of Tennessee is an Employment-at-Will State, which means that you can be terminated or demoted for any reason whatsoever, so long as it is not illegal or protected by contract. I would look to see if you have a contract with the employer. Examples of illegal... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: I work for the state and a contractor. The contractor refuses to train me.

I work for the state but I work in a department that is ran by a medical contractor. I cant get trained properly because they focus on their own employees. I am frustrated and not sure what to do. I was told by coworkers that since I dont make as much money as they do they have decided not to train... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Feb 10, 2019

Generally speaking, the State of Tennessee is an Employment at Will State. That means that you can get demoted or terminated for virtually any reason at all. The exceptions to this rule are if you are demoted or terminated for an illegal reason or a reason protected by contract. If you have a... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: I was not given a drug test before starting a job. However after receiving my check stub I see it was tooken out anyway?

The job site also did not require a background check but that was tooken out my check as well. I was told to come back to the temp service and take the drug test even though I quit a couple days ago. I was also told it was the law to be charged for a drug test that I did not take and I will not be... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Nov 28, 2018

If they never incurred a fee for a drug test, then I think that you have a valid point that it would not be your financial responsibility.

I recommend consulting with local counsel on the issue.

1 Answer | Asked in Employment Law for Tennessee on
Q: I was fired from my job a month ago and just now received a separation letter after I made 3 request for one.

The reason given was poor job performance however I received no warnings and received a $2.50 raise just a couple weeks before that. The person that fired me is an African American and she replaced me with an African American in fact her whole team is African American. My job performance has always... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Nov 18, 2018

It could be. I think that you need to consult with a local employment discrimination attorney. Race discrimination is illegal. Also, you are in a protected class being over 40 years old.

These cases can be very complicated. From my experience, there are 2 things that really make a case....
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: I have a pending claim with the EEOC on my employer for wrongful termination. They offered 18500?

Should i accept this offer and ask for more?

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Nov 6, 2018

Thanks for your question; however, it is impossible to tell you what to accept in settlement, because we don't know all of the facts. In 2002 and 2003, I practiced employment discrimination law exclusively. As I recall, if the case was very good, we would demand what a typical jury verdict would... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: Is it unlawful to keep a bartender as an employee in a restaurant without providing them with any shifts/hours?

I am a bartender, however, my employer has not given me any shifts this week even though I need it. I have seen the employer do this multiple times before as a way to fire /let go of employees that she does not want / need anymore, even if they have not done anything wrong. I have been an employee... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Oct 4, 2018

Generally speaking, Tennessee is an employment-at-will state. That means that an employer can change your hours, demote you or terminate you for any reason that is not illegal or protected by contract. Examples of illegal reasons are age, race, sex or religion discrimination, whistleblowing,... Read more »

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