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Tennessee Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Tennessee on
Q: Can an employer in Tennessee force employees to pay for mistakenly printed lottery tickets

The customer doesn't properly state what they want then don't want the ticket that is printed

T. Augustus Claus
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answered on Sep 21, 2023

In Tennessee, an employer generally cannot deduct the cost of mistakenly printed lottery tickets from an employee's wages without explicit written consent from the employee. Wage deductions are often strictly regulated by state laws and generally must meet certain criteria to be lawful.... 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 Law for Tennessee on
Q: Does my employer in tennessee have to offer leave to take the asvab test to join the military

It's a private sector company

T. Augustus Claus
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answered on Aug 17, 2023

In Tennessee, private sector employers are generally not legally required to provide specific leave for employees to take the ASVAB (Armed Services Vocational Aptitude Battery) test for military enlistment purposes. However, many employers do have policies in place to support their employees'... 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 Law and Business Law for Tennessee on
Q: i got in trouble for a conversation I had in the break room. I never consented to recording. Is that illegal?

I was having a conversation with some coworkers about our bosses. The convo was heated, and all the employees were upset. We all got called out and in trouble for talking bad, but the only way they knew was from the camera recording in the corner. There was no consent i signed to be audio... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Video or audio taping of a person without their knowledge or consent can be "wiretapping," and it is illegal in most states. The issue is are there any warning signs at the workplace that advise you there is taping or are security cameras in place? If so, you have been provided warning.... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: My former employer is not paying my full time earned for my last month of work. Over $4,000. What can I do?
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Under the Fair Labor Standards Act, employees are entitled to minimum wage for all hours worked, and may get double damages for non payment, plus other interest and penalties. Be sure to send a written demand for wages. You can contact the US dept of Labor or the Tenn. Labor commissioner. You... View More

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... View More

Anthony M. Avery
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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... View 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... View 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... View 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...
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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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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... 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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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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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... View 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.... View 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...
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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 for Tennessee on
Q: Can an employer demand a doctors note for a single day of calling in sick?

I had a cold or could've been bad allergies. Not bad enough to go to the Doctor And they are demanding a doctors note.

Anthony M. Avery
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answered on Sep 11, 2023

TN is an employment at will State. So employers can demand compliance or they can discharge you.

1 Answer | Asked in Employment Law for Tennessee on
Q: I gave my employer a doctor's note saying I need to drive a nicotine free vehicle and they put me on administrative lea

The company has a no smoking in vehicle policy, but put me on administrative leave for a investigation? Don't know why.

Anthony M. Avery
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answered on Sep 1, 2023

TN is an employment termination at will State.

1 Answer | Asked in Employment Law for Tennessee on
Q: I work as a tech contractor, Is it illegal to hire me for a low position but the actual job is mid to high tier?

Im seeing this as they hired me for the low wage and getting a higher paid job for the low pay. I am supposed to be a help desk technician tier one, but what ill be doing is tech support tier 2-3.. two entirely different things and entirely different qualifications that I do have but, not getting... View More

Anthony M. Avery
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answered on Aug 28, 2023

You could try a breach of contract suit, but most likely you lose. Tennessee is an employment at will State.

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