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Tennessee Employment Law Questions & Answers

1 Answer | Asked in Employment Law for Tennessee on

Q: In Tennessee can an employer ask that a potential employee have their own background check and fingerprints done?

Anthony M. Avery answered on Jul 18, 2019

Absolutely. You do not have to work there, and can be fired for any reason.

2 Answers | Asked in Criminal Law and Employment Law for Tennessee on

Q: Is a gun gesture with no accompanying mitigating gestures considered a threat if it happens in the workplace?

I sent a complaint to my manager. He talked me out of going to HR with the complaint. I over heard some people involved in my complaint make comments that suggested my complaint was leaked to them. On the day of, I heard him talk about being worried about being fired and after lunch he tapped my... Read more »

Mr. Kent Thomas Jones Esq. answered on Jul 1, 2019

That appears to be a very fact-based question that may need some more development by witnesses that were around, if any, and/or the strength of your own testimony.

If you knew that there was truly no gun and that the guy was just simply harassing you, it may not rise to the level of a...
Read more »

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1 Answer | Asked in Employment Law and Contracts for Tennessee on

Q: I am an independent contractor for Uber Eats and while I was working for them my tire got damaged plus I spilled ( below

(Continued from above )Plus I spilled a drink from one of the orders on the floor in my car which I had to pay to have cleaned because the server didn’t prepare it properly. Is it possible to get compensated for that

Bruce Alexander Minnick answered on Jun 10, 2019

The amount of money involved is way too small to be of interest to most lawyers. FYI, the law is not designed to solve every little problem that comes your way during this lifetime; the Latin phrase for this rule is "De minimus non curat lex."

1 Answer | Asked in Employment Law and Tax Law for Tennessee on

Q: What do I do if my former employer never sends me my W2 information and tells me I just have to find it online?

My former employer never mailed me my W2. When January 31 passed, I went to my old job and asked about my W2 and was promptly told that they didn’t mail them and I had to go online to the store’s employee portal and get it myself. I tried to figure out what my old manager was talking about, and... Read more »

Bruce Alexander Minnick answered on May 6, 2019

Your employer is required to file a copy of your W-2 (and that of all other employees) with the IRS; call the IRS consumer line and asked them either to give you the details over the phone or send you a copy.

1 Answer | Asked in Employment Law for Tennessee on

Q: is discussing local news that involves someone at work classifiable as gossip and fire able offense.

I know that in an at will state an employer can fire you for pretty much any reason or no reason at all but my boss has threatened to fire me for gossiping because myself and a couple of other co-workers were discussing our boss's recent arrest for assault. This was in our local news so it is... Read more »

Mr. Kent Thomas Jones Esq. answered on Apr 14, 2019

I think that you have partially answered your own question. Generally speaking, Tennessee is an employment-at-will State, which means that you can get terminated for any reason or no reason at all, so long as the reason is not illegal or you are protected by contract. Examples of "illegal"... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Criminal Law and Traffic Tickets for Tennessee on

Q: Can your arresting officer contact your employer and inform them of your arrest and reason for arrest?

I Live in Hamilton County Tennessee, I was on my way on from work and was pulled over by an officer due to my broken windshield. Long story short she took me to jail for possession of controlled substance (12.8G Cannabis to be exact) I Have epilepsy and have long used cannabis to help control my... Read more »

Anthony M. Avery answered on Apr 12, 2019

Yes, most certainly. If the Officer lies then slander may occur on possibly a personal level, as well as by the Department.

1 Answer | Asked in Employment Law for Tennessee on

Q: What can I do about an employer who is wrongfully adding a 30 min break to my 8 to 9 hour shift that I am unable to take

Frank J. Steiner answered on Mar 28, 2019

Is is paid or is the break off the clock?

1 Answer | Asked in Employment Law for Tennessee on

Q: Can employer just stop scheduling or schedule you outside availability when you were hired for specific job?

I work for large retailer, when hired 10 yrs ago I was hired for shift that worked for my family they have gradually changed it. Now they are trying to change it out of my availability, which is in thier system. I know many others they just quit giving them hours. Or scheduled them causing... Read more »

Mr. Kent Thomas Jones Esq. answered on Mar 4, 2019

Generally speaking, the State of Tennessee is an Employment-at-Will State, which means that you can be terminated or demoted for any reason whatsoever, so long as it is not illegal or protected by contract. I would look to see if you have a contract with the employer. Examples of illegal... Read more »

1 Answer | Asked in Employment Law for Tennessee on

Q: I work for the state and a contractor. The contractor refuses to train me.

I work for the state but I work in a department that is ran by a medical contractor. I cant get trained properly because they focus on their own employees. I am frustrated and not sure what to do. I was told by coworkers that since I dont make as much money as they do they have decided not to train... Read more »

Mr. Kent Thomas Jones Esq. answered on Feb 10, 2019

Generally speaking, the State of Tennessee is an Employment at Will State. That means that you can get demoted or terminated for virtually any reason at all. The exceptions to this rule are if you are demoted or terminated for an illegal reason or a reason protected by contract. If you have a... Read more »

1 Answer | Asked in Employment Law for Tennessee on

Q: I was not given a drug test before starting a job. However after receiving my check stub I see it was tooken out anyway?

The job site also did not require a background check but that was tooken out my check as well. I was told to come back to the temp service and take the drug test even though I quit a couple days ago. I was also told it was the law to be charged for a drug test that I did not take and I will not be... Read more »

Mr. Kent Thomas Jones Esq. answered on Nov 28, 2018

If they never incurred a fee for a drug test, then I think that you have a valid point that it would not be your financial responsibility.

I recommend consulting with local counsel on the issue.

1 Answer | Asked in Employment Law for Tennessee on

Q: I was fired from my job a month ago and just now received a separation letter after I made 3 request for one.

The reason given was poor job performance however I received no warnings and received a $2.50 raise just a couple weeks before that. The person that fired me is an African American and she replaced me with an African American in fact her whole team is African American. My job performance has always... Read more »

Mr. Kent Thomas Jones Esq. answered on Nov 18, 2018

It could be. I think that you need to consult with a local employment discrimination attorney. Race discrimination is illegal. Also, you are in a protected class being over 40 years old.

These cases can be very complicated. From my experience, there are 2 things that really make a case....
Read more »

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. 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 would... Read more »

1 Answer | Asked in Employment Law for Tennessee on

Q: Is it unlawful to keep a bartender as an employee in a restaurant without providing them with any shifts/hours?

I am a bartender, however, my employer has not given me any shifts this week even though I need it. I have seen the employer do this multiple times before as a way to fire /let go of employees that she does not want / need anymore, even if they have not done anything wrong. I have been an employee... Read more »

Mr. Kent Thomas Jones Esq. answered on Oct 4, 2018

Generally speaking, Tennessee is an employment-at-will state. That means that an employer can change your hours, demote you or terminate you for any reason that is not illegal or protected by contract. Examples of illegal reasons are age, race, sex or religion discrimination, whistleblowing,... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Collections and Libel & Slander for Tennessee on

Q: I'm being given death threats from 2 individuals, from a group I was "working" with. they issue me a cease and desist.

there are many involved mostly a former billionaire and founder of a world wide known anti-virus company well his second in command after issuing me death threats to me and my girlfriendx slandered me to over 850k Twitter followers and made absolutely false acquisitions publicly. well. after going... Read more »

Peter N. Munsing answered on Oct 2, 2018

You have a claim for unjust enrichment, possibly contract claims and conversion. You need a member of the Trial Lawyers Assn for the place where this happened or the corporation is located. Look for one who handles commercial claims.

1 Answer | Asked in Employment Law, Personal Injury and Libel & Slander for Tennessee on

Q: Do I have a legitimate case against my former employer for defamation of character, lost wages, emotional damages, etc ?

On 7/27 I was unexpectedly directed to a back office by my boss where the door was closed and I was told to sit down. I was completely unaware of what was going on and I was in this small office with my direct supervisor and a woman xxx from the HR department. xxx and my boss proceeded to... Read more »

Mr. Kent Thomas Jones Esq. answered on Sep 26, 2018

I have not researched that issue legally, because I have had no cases on that subject. However, when I was a senior partner at a large, multi-state law firm, it was very important, based on our lawyers' advice, that the CEO only disclose the date of hire and the date the employee left. That was... Read more »

1 Answer | Asked in Employment Law for Tennessee on

Q: Can my job change my hours to 11:00pm -7:00am but when they hired me it was from 3 p.m. to 11 p.m.

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

Generally speaking, I was say yes. The State of Tennessee is an Employment at Will state, which means they can pretty much do what they want unless it is illegal or in violation of a written contract. Examples of illegal activities include, but are not limited to violations of the ADA, age, race... Read more »

1 Answer | Asked in Employment Law for Tennessee on

Q: Is a job required to pay me if I'm on schedule for work and I show up and am told to go home cause it's not enough work?

I was under the influence that l am suppose to be told ahead of time not to come, they waited until I got there to tell me to go back

Mr. Kent Thomas Jones Esq. answered on Sep 9, 2018

The answer is no. I just argued the case before the Tennessee Court of Appeals. They can take you off the clock whenever they want to.

1 Answer | Asked in Employment Law for Tennessee on

Q: In Tennessee, who retains the notary seal after employment, the notary or the employer?

I was told my notary seal was thrown away. I have no proof it was disposed of properly.

Mr. Kent Thomas Jones Esq. answered on Aug 20, 2018

I don't understand your question properly. You get notary seals by contracting with an insurance company. They are good for a certain period of time. If you still have the paperwork that validates that is legitimate, just take it to a printing company and get a new one. Make sure that you get... Read more »

1 Answer | Asked in Employment Law, Banking and Collections for Tennessee on

Q: Hi, I have a wage garnishment and the account is showing as close can they still take my wages? Because they still are

Mr. Kent Thomas Jones Esq. answered on Aug 6, 2018

It depends.

I don't know enough facts about your case to answer that. You should consult with a local civil attorney.

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. 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 circumstantial... Read more »

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