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Tennessee Employment Law Questions & Answers
1 Answer | Asked in Criminal Law, Employment Law, Business Formation and White Collar Crime for Tennessee on
Q: I am founder of a new nonprofit in TN. I have felony from 2013 (UE).repaid all monies, no other criminal record.

Can I be an officer/manger on my board if I have felon from another state? I had an over payment for unemployment of 11,033.38 (including a $5,000 fine) ALL of which I REPAID in full. the nonprofit that I am starting is a community building project teaching beginning farmers from low income and... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 23, 2023

I am not aware of any disability from running a TN non-profit entity. If you already formed it, then apparently the TN Secretary of State has no problem. Since it is from another State, noone here may know about it at this time, and who would want to remove you anyway? You might look into... Read more »

1 Answer | Asked in Employment Law and Civil Rights for Tennessee on
Q: Disability discrimination

I got a job offer from Toyota which I signed. I took a drug test and brought my epilepsy medicine with me. The drug testing place (who works directly for Toyota) is now refusing to release my test results to Toyota Hr until I provide them with a letter from my doctor acknowledging that I am capable... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Both the Federal government and many states have laws protecting the employment rights of disabled individuals, epilepsy is considered a disability. Often employers are required to undergo a discussion with the employee before making any decision that would deny them rights. It sounds like the... Read more »

2 Answers | Asked in Contracts, Employment Law and Collections for Tennessee on
Q: Can a lay person file a Motion to Dismiss in General Sessions court in Davidson County TN?

We are a co-defendant in a garnishment. Plaintiff states that we are the co-defendant's employer. The defendant is a consultant (1099 employee) and we do not garnish wages for consultants. We want to get dismissed from this lawsuit without the need to hire an attorney.

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 16, 2023

You have indicated you are a co-defendant in a garnishment. I am not clear on what you mean. I will assume that you are not a defendant - but rather you received a garnishment in regard to party that had a judgment entered against them.

If that is the case, you need to respond to the...
Read more »

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1 Answer | Asked in Employment Law for Tennessee on
Q: I was awarded judgment in a case in Chattanooga TN but it needs to be moved to Wisconsin courts who do I contact

Company has not offered to pay and lawyer has not offered to collect. It’s my wages for 1 year

Anthony M. Avery
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Anthony M. Avery
answered on May 3, 2023

If you have a money Judgment from a TN Court which is final on appeal , then hire a TN collection attorney to collect. It will not be easy unless you can garnish a local Hamilton Co. Bank Account. You may need a WI collection attorney to register the judgment then garnish/execute. It may take... Read 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...
Read more »

1 Answer | Asked in Car Accidents and Employment Law for Tennessee on
Q: Is my valeting car employer able to track me down to pay for damages?

I used to valet cars for work and I had a mishap that caused 6k in damages. I no longer work there but it states I am liable for half the cost of the damages, but it states it will be reduced from the paycheck. Are they able to track me down and make me pay when I no longer work there?

Anthony M. Avery
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Anthony M. Avery
answered on Mar 29, 2023

If they sue you and get a judgment for money, then they may try to collect from you. Generally a Judgment is good for 10 years but might be extended in a few ways. As your present employer they can deduct from your salary in various ways. If sued, hire a TN attorney to defend you and possibly... Read more »

1 Answer | Asked in Employment Law, Business Formation and Business Law for Tennessee on
Q: Can I have people employed in one S Corp that are meant to work between 2 shared ownership LLCs?

We have 2 LLCs that have partial shared ownership, 2 people are owners in both, 2 more are owners in just one. We are hoping to have an S Corp that is owned by the 2 that own both to employ everyone that currently works in the LLCs to consolidate and simplify things for employees and compliance.... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 10, 2023

You could set up an entity to provide employees to both and then be reimbursed by both entities for the employees. Or the employees could be employed by one entity and when they work for the other - the other entity reimburses the first entity for the time of the employees.

1 Answer | Asked in Employment Law for Tennessee on
Q: What if you won your case and don’t know former employers work address and your lawyer want return calls or emails ?

How do you collect your money and is there a time limit on collecting this money

Bennett James Wills
Bennett James Wills
answered on Feb 8, 2023

You can hire someone to perform a background check and skip trace for assets if you have a judgment. In Tennessee a judgement is good for ten years and can be renewed by motion. If you discover assets, you can garnish wages, levy accounts, and personal property.

1 Answer | Asked in Employment Law for Tennessee on
Q: If My Job Gets My Check Wrong But Is Fixing It Am I Obligated To Work I Really Don’t Wanna Work Until I Get What I’m Owe
Rhiannon Herbert
Rhiannon Herbert
answered on Jan 4, 2023

Yes. While mistakes in pay could lead to wage violations if they are not timely corrected, you still have an obligation to work your normal schedule if you're still employed with the company, and the company can discipline or terminate you for failing to do so.

1 Answer | Asked in Employment Law for Tennessee on
Q: I earn paid time off for each hour I work. Is the company required to pay out my PTO after I quit. Gave 2 week notice.

Company policy is PTO is forfeited.

Courtney Cotter
Courtney Cotter
answered on Jun 21, 2022

If the company policy is that PTO is forfeited, then unfortunately you will lose your PTO.

Tennessee Wage Regulation Act, Tenn. Code Ann. 50-2-103(a)(3), provides:

… The final wages of an employee who quits or is discharged shall include any vacation pay or other compensatory...
Read more »

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... Read 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... Read more »

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... Read more »

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Constitutional Law for Tennessee on
Q: Can a volunteer fire department suspend or terminate a firefighter in tennessee over claims of hearsay
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 28, 2023

That is not employment related, but organizations can govern themselves. If some organization guideline or handbook rule has been violated, then the offended member/former member can assert his rights under those rules. But Tennessee Law rarely applies, and Court action rarely interferes.

1 Answer | Asked in Employment Law, Workers' Compensation, Civil Litigation and Libel & Slander for Tennessee on
Q: Do I have a case if a job terminated me for any reason at all do I have a case if my job
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 17, 2023

Tennessee is a terminable at will State, so any reason or no reason is sufficient.

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.

Anthony M. Avery
PREMIUM
Anthony M. Avery
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 and Gov & Administrative Law for Tennessee on
Q: Can the tn dept of labor falsify court hearing records and testimony that supposedly I gave but I was not there

Tn dept of labor held a hearing and made a judgment based on a false testimony and appearance from me. I had no knowledge of this and my testimony in addition to my appearance Is on the transcription of court documents. Is this legal???

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 20, 2023

An appeal from an administrative hearing is in order. Hire an attorney.

1 Answer | Asked in Employment Law for Tennessee on
Q: Can an employer in TN that provides training for commissioned sales require a deposit on sales materials/tools?

Materials for the position are proprietary and are required to be returned upon termination. The deposit will be refunded upon the return of sales tools.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 18, 2023

No legal requirements involved. If that is the requirement of the employer, then the employee must comply if he works there.

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?

Anthony M. Avery
PREMIUM
Anthony M. Avery
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 Contracts, Employment Law and Business Law for Tennessee on
Q: I have a check that was written to “buyout” my contract until the end of the month. I don’t agree but I got to eat

It says buyout on my check that has pay due to me via salary plus a little more. I’ve been severely lied to and I will take action but this money is added to my regular salary and I have bills so do I use a without prejudice UCC on the check before I sign. Even if I use the code without prejudice... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 14, 2022

If you cash the check it will probably be an accord and satisfaction of any debt owed. Either file suit or take the money.

1 Answer | Asked in Employment Law for Tennessee on
Q: I lost my job in May. The company I was working for claims that I "cussed out my supervisor and walked off the job".

My recollection of that night is somewhat different. I was having a regular night, but a little before halfway through the shift I started to get the aura of a migraine headache and I informed my supervisor that I was going to be leaving early. I also said that I had 8hrs of PTO accrued and, if... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 8, 2022

Tennessee is an employment at will State. No reason is needed for termination.

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