Tennessee Employment Discrimination Questions & Answers

Q: Are the Tennessee Code #'s 50-1-307 and 50-1-309 still active codes?

1 Answer | Asked in Employment Discrimination for Tennessee on
Answered on Jan 10, 2019
Frank J. Steiner's answer
Yes, the code sections are current

Q: I have a pending claim with the EEOC on my employer for wrongful termination. They offered 18500?

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Answered on Nov 6, 2018
Mr. Kent Thomas Jones Esq.'s answer
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 be. Sometimes the cases were worth nothing. Sometimes they were worth $10,000. Sometimes they were worth $400,000.

You really need to consult with a local employment discrimination...

Q: Any kind of suit possible from this scenerio?

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Answered on Jul 30, 2018
Mr. Kent Thomas Jones Esq.'s answer
Well, you are in at least two protected classes. You are over the age of 40, so there may be age discrimination. You are a female, so there may be sex-related discrimination. I don't know what race you are; however, that could be a factor as well. It sounds like you may have some circumstantial evidence of discrimination; however, to make the best case, you also need live testimony of someone who heard upper management saying that they don't like older workers or females. I would suggest...

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
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.

Q: I was discharged from a job because the supervisor had issues with my husband and in laws from a previous job..

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Answered on Jul 5, 2018
Mr. Kent Thomas Jones Esq.'s answer
Generally speaking, Tennessee is an Employment-at-Will State, which means that an employer can terminate you for any reason that they want, so long as it is not illegal. Examples of illegal activity include, but are not limited to, age, race and age discrimination, whistleblowing, being terminated for turning in a workers' compensation claim and violations of the Family and Medical Leave Act ("FMLA"). If you feel that you fall into an "illegal" category, then it would be in your best...

Q: I recently applied for a job at this company wich denied me because of not having a highschool diploma wich is mandatory

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Answered on Apr 7, 2018
Mr. Kent Thomas Jones Esq.'s answer
Generally speaking, Tennessee is an Employment-at-Will State. This means that they can refuse to hire you for any reason whatsoever, so long as it is not "illegal." Some examples of illegal activity are race, age or sex discrimination, discrimination for whistleblowing, and many others. If their sole reason for not hiring you was because you did not have a diploma, then I do not think you have a case. However, if you think there were other factors that led to the decision, then I would...

Q: Can a employer refuse a person a job because of a felony in state of Tennessee

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Answered on Feb 1, 2018
Marjorie A Bristol's answer
Yes, an employer can refuse to hire a person based on criminal convictions as long as they do not discriminate on the basis of race, color, religion, sex, or national origin. So if the company policy is not to hire anyone with a felony conviction for X crime, that is fine. If they have hire employee A who is male and has a conviction for X crime, but refuses to hire employee B who also has a conviction for X crime, then that is discriminatory.

Q: In Tennessee can my boss fire me for telling one of my employees that I work with how much I make an hour ?

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Answered on Jan 26, 2018
Marjorie A Bristol's answer
It depends on your employer. You should consult an employment lawyer if you feel that you were fired illegally.

Q: This would have to do with Employment Law dealing with Drug testing after employment, not pre-employment.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Answered on Aug 20, 2017
William Head's answer
Two issues are shown here. One, the application for employment. What was on it MAY make a difference.

Second, what was the drug? Drugs relating to mental conditions, for which the safety of others is at risk can be a problem.

To make sure that this was not merely an EXCUSE, contact a TN specialist:

http://attorneys.superlawyers.com/wrongful-termination/tennessee/

Q: Can I sue if employment was refused based on my having to register as a sex offender? The case is 26 years old.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Tennessee on
Answered on Mar 29, 2017
Peter Munsing's answer
Contact a member of the Texas Trial Lawyers who handles employment discrimination cases. Short answer is if your state doesn't have a preclusion of arrests or convictions, then it's not an illegal form of discrimination.

Q: Is it legal for a company to charge a employee for being a smoker and has nothing to do with health insurance

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Answered on Jan 20, 2017
Brian Lehman's answer
No unless they offer a wellness program as detailed below. However, I recommend that you not make representations of the law to your employer without an attorney. And once you get an attorney, that person should contact your employer so that an inadvertent mistake isn't made. I'm happy to try to help you find a lawyer if you email me (info on my firm's website).

Here is what the Department of Labor says:

Can a plan provide a premium differential between smokers and...

Q: Is a lawyer needed to give deposition in civil suit against a corporation in Tn? I'm not the defendant or person suing.

1 Answer | Asked in Civil Litigation, Civil Rights and Employment Discrimination for Tennessee on
Answered on Aug 16, 2016
Leonard Robert Grefseng's answer
I assume its a subpeona, which is a court order to appear ( which you must obey). Otherwise, testifying is voluntary. The lawyer obviously thinks you have information which is useful for his case. I suggest calling him/her to advise that you no longer work there and just ask him why you are needed . In other words, play "dumb' and see if you can get him to explain what he thinks you might know. He could be 'fishing'- that is, he is just looking for info and if you don't know anything, you can...

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