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Tennessee Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: I’m a salary employee who works for corporate was forced to work on a paid holiday when everyone was off

I have worked for the company for 4 years and have received the same holidays off with pay I switched to a different department which is still part of corporate office. We was the only team who was forced to work.

John Michael Frick
John Michael Frick
answered on Jul 5, 2024

Businesses can legally open and staff on holidays. Unless you are subject to a union contract, individual employees are free to contract with their employer as they choose unless the specific matter is precluded by law.

1 Answer | Asked in Health Care Law and Employment Law for Tennessee on
Q: I qualify for my employer's health insurance, I have enrolled but have not received anything. Are they breaking the law?

I qualify for coverage and it was supposed to have been provided over two months ago but I have yet to receive anything from them and I have contacted HR, corporate office, my manager, and the administrator with no response. Are they breaking the law?

Tim Akpinar
Tim Akpinar
answered on Jun 1, 2024

A Tennessee attorney could advise best, but your question remains open for two weeks. If there's deceit or falsification involved, yes, it could be breaking the law. But from your post, there aren't enough details to tell what's going on - it's possible it could be... View More

1 Answer | Asked in Employment Law and Immigration Law for Tennessee on
Q: My employer is asking me to pay for H1b filing fee. Is it legal to do so and will it affect my future in U.S.?

I joined employer 'X' in Aug 2022 on H1b (transferred from previous employer). My H1b got maxed out in Dec 2023 and I moved out of country, and my employer also stopped running my payroll since then. My PERM was filed in Apr 2023, which got approved recently and now my employer is asking... View More

James L. Arrasmith
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answered on May 14, 2024

It is generally not legal for an employer to ask an employee to pay for H-1B filing fees. The U.S. Department of Labor mandates that these fees should be borne by the employer, not the employee. Paying these fees yourself could potentially cause issues with compliance and affect your visa status.... View More

1 Answer | Asked in Employment Law and Tax Law for Tennessee on
Q: I just found out that one of my 1099 workers is an illegal immigrant and doesn’t have a ssn,EIN Do I need to fire them?

It’s tax time, which is how we found out the person was illegal. Can we pay the persons taxes and be fine? Or do we need to let the person go?

James L. Arrasmith
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answered on Feb 5, 2024

Discovering that a worker does not have a Social Security Number (SSN) or Employer Identification Number (EIN) and is not authorized to work in the United States puts you in a challenging position. Under U.S. employment law, employers are required to ensure their employees are eligible to work in... View More

1 Answer | Asked in Business Law, Civil Rights, Municipal Law and Employment Law for Tennessee on
Q: Can an employer put up camera surveillance in the workplace without disclosing their locations? I love in Tennessee

I understand and agree to camera surveillance in the workplace for security. But my employer wants to use it to “keep an eye on productivity”. She claims she’s not going to tell us where said cameras are, but I feel like this may be a violation of employee privacy. Especially if we need to... View More

James L. Arrasmith
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answered on Feb 4, 2024

In Tennessee, employers generally have the right to install cameras in the workplace for purposes such as security and monitoring productivity, provided the surveillance does not occur in areas where employees have a reasonable expectation of privacy, such as bathrooms or locker rooms. However, the... View More

1 Answer | Asked in Consumer Law, Communications Law, Internet Law, Libel & Slander and Employment Law for Tennessee on
Q: a president of the hoa fired me and now is slandering my name and holding my pay

he is a Bullie racist. He lies and he breaks by laws and my contract. He is petty and spiteful

James L. Arrasmith
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answered on Jan 31, 2024

I'm sorry to hear about your situation. It's crucial to address this issue properly. First, gather all evidence of the President's actions, such as emails, documents, and any witnesses who can support your claims. Consult an attorney experienced in employment law to review your... View More

1 Answer | Asked in Civil Rights and Employment Law for Tennessee on
Q: Guy at work intentionally blew toxic microplastics on me with leaf blower with no provocative actions to make him do tha

Now I fear of excessive inhalation on to microplastics. Also running around bragging about it to everyone. Bosses seen it and done nothing too

James L. Arrasmith
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answered on Jan 28, 2024

If your description of the events is accurate, what this person did was clearly wrong and concerning. Some key points to consider:

- Intentionally blowing toxic substances like microplastics on someone with a leaf blower, especially without provocation, could qualify as assault and battery...
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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Tennessee on
Q: I got coerced to leave a job after I had an inpatient hospitalization. Do I have grounds to sue for discrimination.

I was not permitted to come back to my original position. I was given three options: move to a much-lower paying position and take a $5 pay cut, get ADA accommodations, or leave and get a severance.

James L. Arrasmith
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answered on Dec 27, 2023

In Tennessee, if you feel that you were coerced to leave your job following an inpatient hospitalization, there may be grounds to consider a discrimination lawsuit. Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to employees with... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: How do I get my Tennessee PTA license back when it's been suspended for 3 years?

Liscense was suspended/revoked in 2020.

James L. Arrasmith
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answered on Dec 25, 2023

To reinstate your Tennessee PTA license after a suspension or revocation, you'll typically need to follow a specific process set forth by the Tennessee Board of Physical Therapy. Here's a general guideline for your situation:

Contact the Board: Reach out to the Tennessee Board of...
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1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: I was wrongfully terminated by Amazon My child overdosed and I provided documents of her being admitted to the hospital.
T. Augustus Claus
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answered on Dec 4, 2023

In Tennessee, employers are generally not allowed to terminate employees for taking leave to care for a sick family member. The Tennessee Family and Medical Leave Act (FMLA) allows employees to take up to 12 weeks of unpaid leave per year to care for a sick family member, including a child.... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: Can I be fired for refusing a break under TN law?

I work at Slim Chickens and currently have shifts of 2-3 days a week, each lasting 5 hours. My employer has agreed to let me leave 30 minutes early instead of taking an unpaid break, but I am concerned about losing work hours. According to Tennessee state law, I understand that I can refuse a break... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Feb 15, 2025

Generallyspeaking, an employer in Tennessee can fire you for any reason, unless they brake the law. Thereare a nuber of lawsout there. I would suggest seeking the advice of a local employment law attorney.

1 Answer | Asked in Employment Law for Tennessee on
Q: I worked at Walmart and I was caught stealing stuff like drinks and chips thru out the time I was there it was around 51

dollars I have court feb 6th what can I expect like maybe community service. I’ve never been in any kind of trouble I realize I’ve made a mistake

Anthony M. Avery
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answered on Feb 1, 2025

Hire a lawyer to get it diverted, dismissed and expunged. You will need to make restitution also.

2 Answers | Asked in Employment Law, Business Law and Civil Rights for Tennessee on
Q: Are minor employees required to make deposits on behalf of a business?

The minor employees (15, 16, 17 year olds) of a business are being required to make the end of day bank deposit drop offs for a local business. They do this by clocking out and then heading to the bank. is this legal?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 21, 2025

I am not aware of a limitation on age as to dropping off bank deposits. I don't think they should be clocked out to do this.

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1 Answer | Asked in Employment Law for Tennessee on
Q: My boss hit me at work is there anything I can do besides quitting?

I have had back issues for years and my employer knows this. He hit me in the back with his metal cane leaving a bruise. The only proof I have is the bruise since it’s happened I’ve had to go to two different doctors and get multiple shots in my back. My job does not have an HR department and... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jan 18, 2025

It doesn't sound like this is workers' comp. Have you filed a criminal action for assault?

1 Answer | Asked in Employment Law, Family Law, Civil Rights and Employment Discrimination for Tennessee on
Q: Can I sue my previous employer for letting me go while on short term disability to have my baby?

I did not qualify for FMLA or the company’s maternity leave, so I applied for short term disability through the insurance I paid for out of my checks. I got one small payout while on leave. I wasn’t out of work for a full two weeks before HR emailed me and said my position was filled and I... View More

James L. Arrasmith
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answered on Jan 7, 2025

Based on what you've described, you may have grounds for legal action against your former employer for pregnancy discrimination and disability discrimination under federal and state laws. The timing and circumstances of your termination while on short-term disability for pregnancy-related... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: I believe I was a victim of retaliation. I was terminated after I contacted the eeoc

This all started at the end of October 2024. I started getting written up for anything. I never had verbal warnings first. HR was the issue. It was one lady and she just kept picking at me. I expressed my concerns to my regional manager and the owners via email. They showed her my email and the... View More

Frank J. Steiner
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answered on Dec 23, 2024

I agree, the facts that you presented, appear to show retaliation against you for a protected activity, so long as the employer knew that you filed an EEOC charge.

1 Answer | Asked in Employment Law for Tennessee on
Q: Would I have a case for wrongful termination if I was let go from my job with no prior notice and for alleged wrongdoing

They said I committed wrongdoing when they have no proof and they stated that I had been given verbal warning, which is also not factual.

Anthony M. Avery
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answered on Dec 17, 2024

No, TN is an employment at will State.

Q: I got charged with a misdemeanor of marijuana and I had back ground checks done for work which I did not get

Cause on back ground it showed a felony of meth. I do not at all do that drug and my family has seen ity community and it has been hard to get work or place to live housing and it is hurting my image what can I do can I sue

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Dec 15, 2024

You can request your criminal record. I would consult with a local attorney to find out why it is on your record and whether he/she can get it off if it is false.

1 Answer | Asked in Employment Law for Tennessee on
Q: Can a company enforce voluntary resignation if I refuse to sign their NDA?

My company is rolling out a new NDA and they stated in the email that failure to sign the NDA will result in voluntary resignation. Can they enforce this?

Anthony M. Avery
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answered on Dec 11, 2024

Tennessee is an employment at will State, so any reason or none suffices.

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: In tn if I make a complaint about upper management and get fired can that be considered retaliation also how can I prove

How could I prove this is retaliation?

Anthony M. Avery
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answered on Dec 10, 2024

TN is an employment at will State, where you can be fired for any or no reason. If there are illegal activities going on, record them. Unless you have another job to go to, do not complain about your bosses.

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