Tennessee Questions & Answers by Practice Area
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Tennessee Questions & Answers
Q: I went to human resources about an incident over another employee harrassing and intimadating me, in general scaring me.
1 Answer
| Asked
in
Civil Rights, Employment Discrimination and Employment Law
for
Tennessee
on
Answered on Jul 17, 2018
Answered on Jul 17, 2018
Mr. Kent Thomas Jones Esq.'s answer
The employer can't terminate you for simply reporting harassment, if the facts are as above-stated. The question is why did they decide to terminate you upon investigation? There may be a reason, and there may not be a reason. There is no way to know just based on this statement. I would suggest consulting with a local employment discrimination attorney.
The employer can't terminate you for simply reporting harassment, if the facts are as above-stated. The question is why did they decide to terminate you upon investigation? There may be a reason, and there may not be a reason. There is no way to know just based on this statement. I would suggest consulting with a local employment discrimination attorney.
Q: I have an interlock device installed in my car. I have finished the 6 month period. I'm planning on selling the car.
1 Answer
| Asked
in
DUI / DWI and Arbitration / Mediation Law
for
Tennessee
on
Answered on Jul 17, 2018
Answered on Jul 17, 2018
Anthony Marvin Avery's answer
You are better off first complying with all Court Sentencing requirements, then contacting the Department of Safety and complying with their requirements to obtain a Tennessee Driver's License. Putting the alcohol device on the car is expensive and you need to get your money's worth prior to driving another vehicle without it. Once you have a regular License, with or without SR-22, then trade cars.
You are better off first complying with all Court Sentencing requirements, then contacting the Department of Safety and complying with their requirements to obtain a Tennessee Driver's License. Putting the alcohol device on the car is expensive and you need to get your money's worth prior to driving another vehicle without it. Once you have a regular License, with or without SR-22, then trade cars.
Q: I submitted a large framed picture with an autograph to an antiques dealer to sell for me. I was never told of its sale.
Mr. James Charles Wright's answer
You created a bailment. If you can prove your ownership- then you may be able to recover your goods. You need to make sure the authorities know of your claim.
You created a bailment. If you can prove your ownership- then you may be able to recover your goods. You need to make sure the authorities know of your claim.
Q: Why do it take so long for me to receive my kids child support after he file bankruptcy?
Timothy Denison's answer
You should have continued to receive support during and after the bankruptcy. Should hire a local bankruptcy attorney to look into it for you.
You should have continued to receive support during and after the bankruptcy. Should hire a local bankruptcy attorney to look into it for you.
Q: Do filing bankruptcy keep my kids from receiving their child support because they havent since their dad file?
Timothy Denison's answer
No. Filing bankruptcy does not stop his obligation to pay child support for the kids. It is a domestic obligation that is not dischargeable.
No. Filing bankruptcy does not stop his obligation to pay child support for the kids. It is a domestic obligation that is not dischargeable.
Q: Can I remove tenants from my investment property even though we never had a written lease agreement?
Anthony Marvin Avery's answer
You may have a serious problem if they refuse to leave and claim ownership, especially if they hire a competent attorney. You must immediately file a Detainer Warrant and see if you can get them out with it. Otherwise you may have to file an action for Ejectment, which you might lose. Hopefully you have paid the taxes. Hire a good lawyer that knows real property litigation immediately. The two Statute of Limitations which control here are three and seven years. Also you may be able to...
You may have a serious problem if they refuse to leave and claim ownership, especially if they hire a competent attorney. You must immediately file a Detainer Warrant and see if you can get them out with it. Otherwise you may have to file an action for Ejectment, which you might lose. Hopefully you have paid the taxes. Hire a good lawyer that knows real property litigation immediately. The two Statute of Limitations which control here are three and seven years. Also you may be able to...
Q: We have no written lease, landlord is selling the house, what is our rights as a tenant still, with realtor showing home
Anthony Marvin Avery's answer
You do not have any real rights here except present possession. That means they will have to file a Detainer Warrant, serve or post the Warrant, get a Judgment, and if you are not out in ten days, get and execute a Writ of Possession.
You do not have any real rights here except present possession. That means they will have to file a Detainer Warrant, serve or post the Warrant, get a Judgment, and if you are not out in ten days, get and execute a Writ of Possession.
Q: I am charged with manufacture, delivery, resale of methamphetamine for 3.5 grams belonging to anther co defendant. How?
Anthony Marvin Avery's answer
Rarely do cops charge Simple Possession. They and the DA's want Felony Charges. Either they think you are in business with the Co-Defendant or you were in constructive possession of all incriminating items. Hire a competent attorney now, and prepare for a good Preliminary Hearing.
Rarely do cops charge Simple Possession. They and the DA's want Felony Charges. Either they think you are in business with the Co-Defendant or you were in constructive possession of all incriminating items. Hire a competent attorney now, and prepare for a good Preliminary Hearing.
Q: What if he is charged with leaving the scene with no injury involved and he gave the person his info
Mr. James Charles Wright's answer
Look at TCA 55-10-102 and 103. If there was property damage only. TCA 55-10-101 deals with accidents involving personal injury. You can do an internet search and pull up the statutes.
Look at TCA 55-10-102 and 103. If there was property damage only. TCA 55-10-101 deals with accidents involving personal injury. You can do an internet search and pull up the statutes.
Q: Can my employer make me work out a 4 week notice?
Mr. Kent Thomas Jones Esq.'s answer
If you are leaving because of an unscheduled change in circumstance, I don't think anyone can "make" you work; however, you will probably not be able to use them as a good reference.
If you are leaving because of an unscheduled change in circumstance, I don't think anyone can "make" you work; however, you will probably not be able to use them as a good reference.
Q: I bumped and dented a "illegally" parked car. Whos @ fault?
Mr. James Charles Wright's answer
Tennessee is a comparative fault state- so if your fault is equal to or greater than 50% you couldn't recover. And the opposite is true- if the other party is 50% at fault or greater they can't recover. It would be up to a judge or jury to determine who is more at fault. My personal thought would be the driver that hit the parked vehicle would generally be more at fault. But there may be more facts that might change my mind.
Tennessee is a comparative fault state- so if your fault is equal to or greater than 50% you couldn't recover. And the opposite is true- if the other party is 50% at fault or greater they can't recover. It would be up to a judge or jury to determine who is more at fault. My personal thought would be the driver that hit the parked vehicle would generally be more at fault. But there may be more facts that might change my mind.
Q: how long is a writ of possession valid in tennessee? shelby county
Anthony Marvin Avery's answer
It is probably Seven Years due to the Adverse Possession Statutes.
But I would not want to wait past Three Years to execute the Writ of Possession due to the Detainer Statute of Limitations.
It is probably Seven Years due to the Adverse Possession Statutes.
But I would not want to wait past Three Years to execute the Writ of Possession due to the Detainer Statute of Limitations.
Q: Employment aid option for unpaid wages.
Mr. Kent Thomas Jones Esq.'s answer
Generally speaking, Tennessee is an Employment-at-Will State, and an employer can terminate or demote you for no reason whatsoever as long as it is not illegal and/or outside of contract with you. If you seriously believe that one of these things has happened, then you should consult with local counsel immediately.
Generally speaking, Tennessee is an Employment-at-Will State, and an employer can terminate or demote you for no reason whatsoever as long as it is not illegal and/or outside of contract with you. If you seriously believe that one of these things has happened, then you should consult with local counsel immediately.
Q: In Tennessee do non-condo homeowners association bylaws have to be recorded and do Bylaws have to be signed to be valid?
Anthony Marvin Avery's answer
Recordation gives notice to the world. If they are not recorded, then the affected landowners might claim they have no notice of the Restrictions. If the landowner has actually seen the Restrictions or been given a copy, then he has notice and someone might be successful in enforcing the Restictions against him.
Bylaws, like any document, must be a sealed instrument to be recorded. Since the Notary must sign the acknowledgment of another's act (usually a signed statement or...
Recordation gives notice to the world. If they are not recorded, then the affected landowners might claim they have no notice of the Restrictions. If the landowner has actually seen the Restrictions or been given a copy, then he has notice and someone might be successful in enforcing the Restictions against him.
Bylaws, like any document, must be a sealed instrument to be recorded. Since the Notary must sign the acknowledgment of another's act (usually a signed statement or...
Q: My first offense poss. Of marijuana pipe with residue no drugs... Charge: poss. Para. Criminal use and activity...???
Mr. Kent Thomas Jones Esq.'s answer
As long as you have no criminal background and you were not selling or distributing, then you have a chance. I think that you need to consult with a local criminal defense attorney as soon as possible.
As long as you have no criminal background and you were not selling or distributing, then you have a chance. I think that you need to consult with a local criminal defense attorney as soon as possible.
Q: Cameras + audio recording in the office?
Mr. Kent Thomas Jones Esq.'s answer
I don't think it is illegal. Why don't you quit worrying about it and work somewhere else?
I don't think it is illegal. Why don't you quit worrying about it and work somewhere else?
Q: What are my rights as a Tennant if the home I'm renting does not have running water?
Salim U. Shaikh's answer
Water is a basic necessity and a pre-condition to a reasonable habitation. As indicated, you have been without water for a week and are not sure when this problem could be fixed. You are advised to consult an Attorney of your local jurisdiction so as to deliver a notice seeking an alternative place where such amenities does exist to live at the cost of company till this problem is fixed.
Water is a basic necessity and a pre-condition to a reasonable habitation. As indicated, you have been without water for a week and are not sure when this problem could be fixed. You are advised to consult an Attorney of your local jurisdiction so as to deliver a notice seeking an alternative place where such amenities does exist to live at the cost of company till this problem is fixed.
Q: Insurance suspended license
Anthony Marvin Avery's answer
Paying the Citation (ticket) was an admission of guilt. You should have hired a competent attorney. Now you need another attorney to attempt to get the Department of Safety to allow you to drive in Tennessee.
Paying the Citation (ticket) was an admission of guilt. You should have hired a competent attorney. Now you need another attorney to attempt to get the Department of Safety to allow you to drive in Tennessee.
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