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Tennessee Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: I have questions I would like to remain anonymous throughout until I know what to do. I have been mislead by my employer

Several (almost all) employees and I have been falsely promised pay raises, overtime, job security, and working in construction, a lot of personal tools (thousands of dollars worth) are seemingly disappearing. Today we were given our checks (short due to false promises and lies) and told not to... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 15, 2020

Find an employment lawyer near you to discuss these issues. Consultations are covered by the attorney-client privilege so you would not need to be worried about counsel knowing your identity. But much more information would be needed to determine what, if anything, can be done for you.

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Tennessee on
Q: I need a lawyer for my denial of unemployment . This company fire me while I was in the hospital for major surgery.
Carrie Dyer
Carrie Dyer answered on Sep 2, 2020

You should reach out to an employment attorney in your area to discuss the details of your situation. Depending on the size of your employer, the length of your employment, and the reason for surgery, you may have qualified for protected medical leave under the Family Medical Leave Act. You may... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Is it illegal for an employer to fire an employee after the employer does a background check and discover's a felony

Charge that did not lead to conviction clearly a mistake of stolen identity charges were dropped no conviction

Anthony M. Avery
Anthony M. Avery answered on Aug 19, 2020

Not illegal as TN is an employment at will State. But you should have expunged that Charge long ago. Hire an attorney to get rid of it or it will come up again.

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Tennessee on
Q: Can my manager comment on my mental health issues?

I work at a retail store as a pharmacy technician. I have ADHD, anxiety, and depression. I take medication for all of these conditions, and for the most part, I feel they’re under control and that I do my job reasonably well. I’ve always been pretty upfront about my struggles, so they're... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 11, 2020

I'm sorry for your ordeal and that your post remains open for five weeks. At this point, you could consider reaching out to Tennessee employment attorneys to discuss your matter in confidence. The format here is brief general questions, and your description seems more complex than something... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Is this considered employment discrimination?

I have worked at a job for a year and a half. My mother has also worked there for around the same time (joined her team on a retail freight team) she was manager over that area. She was promoted to store manager in which I kept working in freight. I was recently told that it was a conflict of... Read more »

Carrie Dyer
Carrie Dyer answered on May 20, 2020

While it may be unfair, what you have described is not unlawful employment discrimination. Additionally, you do not have the right to a separation notice.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Can my employer refuse to allow my return to work until he sees my medical test results (i.e. flu test, strep test, etc)

I was sick and out of work for two weeks. I have a doctor’s note, which says I was seen and I needed to be out of work from such and such dates. It says that I will be able to return to work on the 9th. My boss/HR is refusing to accept my note because they want proof of what tests were preformed... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 6, 2020

Yes. Unless you have a contract, Tennessee is an employment at will State.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Is this racial harassment or just a dumb comment?

My wife is an accountant at a firm in Nashville. My wife is the only black person in her office. One day a coworker of hers made the comment "the KKK wasn't that bad." Completely out of the blue. It obviously upset her but she didn't make a scene. Later that night she texted one... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 26, 2020

If you'd like to pursue something here, your best bet would be a hostile work environment claim based on race. However, establishing such a claim requires proof that the racially discriminatory comments your wife experienced were both severe (in terms of what was said), and pervasive (meaning... Read more »

1 Answer | Asked in Civil Rights and Employment Discrimination for Tennessee on
Q: I was discriminated against and lied about by a new manager and I have rent to pay. I would like to sue for harassment.

Pinewood Social employee

Gary Kollin
Gary Kollin answered on Nov 9, 2019

You can sue. It will take months to resolve your case

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.

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... Read more »

1 Answer | Asked in Employment Discrimination for Tennessee on
Q: can i sue for wrongful termination

i was fired with no notice no severance no reason except they needed to make room for another salary from an employee at another store and I was the last kitchen manager at this location. 2 weeks before this I had a conversation with the admin about my cooks going to work at the other location and... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 15, 2019

Your facts would be a weak cause of action at best. If you complained to the Department of Labor prior to termination, it might have been a decent case. Other lawyers might disagree. You have a 1 year SOL.

1 Answer | Asked in Employment Discrimination for Tennessee on
Q: Are the Tennessee Code #'s 50-1-307 and 50-1-309 still active codes?

I am a volunteer fire fighter that works in a fast food restaurant in Tennessee, but the owner of that store is from South Carolina. I don't know if South Carolina has similar codes to the two listed above, that way I can be protected should I get a call prior to my shift starting, and/or get... Read more »

Frank J. Steiner
Frank J. Steiner answered on Jan 10, 2019

Yes, the code sections are current

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... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Any kind of suit possible from this scenerio?

I am 50 year old female who started a position part time at $15.00/hr. Was told it would become full time in new budget year with no mention of different pay rate. When received my offer letter for full time, pay was dropped $3/hr. Their reason was because I was now getting benefits.But the only... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 30, 2018

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... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Tennessee on
Q: I went to human resources about an incident over another employee harrassing and intimadating me, in general scaring me.

Human resources told me pending investigation I am the one that they will terminate. Can they do that?

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 17, 2018

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... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: I was discharged from a job because the supervisor had issues with my husband and in laws from a previous job..

I had only had a couple of days of training..i was introduced to other employees as my husbands wife..not my name..i didn't even have the right tool for the job until the only Thursday I was there..i worked there for 4 days and when she had the chance to give me my evaluation (1 through 5. 1... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 5, 2018

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... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: I recently applied for a job at this company wich denied me because of not having a highschool diploma wich is mandatory

I know of others that work there that dont have diploma i dont think its fair not to hire me and i know others who work there without one that got in.

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Apr 7, 2018

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.... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Can a employer refuse a person a job because of a felony in state of Tennessee
Marjorie A Bristol
Marjorie A Bristol answered on Feb 1, 2018

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... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: In Tennessee can my boss fire me for telling one of my employees that I work with how much I make an hour ?

I told one of my employees that I work with what I make an hour , they ended up telling my boss and I was fired over it . I have read some articles about pay secrecy being illegal and can not fire me over it . Is his true ?

Marjorie A Bristol
Marjorie A Bristol answered on Jan 26, 2018

It depends on your employer. You should consult an employment lawyer if you feel that you were fired illegally.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: This would have to do with Employment Law dealing with Drug testing after employment, not pre-employment.

My husband was given a drug test today, which he passed. The only thing that showed up was a prescription medication that he has a prescription for from a doctor that does not impair his ability to do the job he was assigned. The company said that he "failed" the drug test because he... Read more »

William C. Head
William C. Head answered on Aug 20, 2017

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...
Read more »

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