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Tennessee Employment Law Questions & Answers
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.
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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 Civil Rights, Employment Law and Libel & Slander for Tennessee on
Q: What to do when you are harassed by Asset Protection,

I work for a company called Spark. It is the delivery company for Walmart. We are owned and operated by Walmart. There is a specific store that I work at that I am being harassed by one particular AP employee. She is telling the front end of the store that I am stealing. Which of course is not... View More

James L. Arrasmith
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answered on Nov 9, 2023

In dealing with accusations from an Asset Protection (AP) employee, you should first document all incidents, including dates, times, and witnesses. It may be helpful to formally report the harassment to your direct supervisor or the human resources department, following your company’s procedures... View More

1 Answer | Asked in Civil Rights, Consumer Law and Employment Law for Tennessee on
Q: Do walmart employees have a legitimate reason to start following someone around the store if someone comes in to shop

Then the person they are with asks if they could go back out to the vehicle and get something out of the vehicle to exchange, so they leave it at the return counter and let them know the person who needs to exchange it is in the store shopping so they asked you to grab item out of vehicle and you... View More

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answered on Nov 9, 2023

Walmart employees, like those of any retail establishment, are often trained to observe for unusual or suspicious behavior as part of loss prevention strategies. Leaving an item at the return counter with an explanation that someone else will finalize the transaction could be seen as unusual and... View More

1 Answer | Asked in Government Contracts and Employment Law for Tennessee on
Q: Can a State job lower your beginning salary as a new hire because ADHD

Just wondering!

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answered on Oct 27, 2023

In Tennessee and generally in the United States, employers, including state jobs, are typically prohibited from reducing a new hire's starting salary solely because of a disclosed disability such as ADHD. It is illegal for employers to discriminate against individuals due to a disability under... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: For TN parental leave do the 12 months apply to anytime employed? Hired 2015, left in 2020 but returned 4/2023.
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answered on Oct 17, 2023

No, the 12 months of employment required for Tennessee parental leave do not apply to anytime employed. The 12 months must be consecutive months of employment with the same employer, beginning with the date of hire. So, in your case, you would not be eligible for parental leave until April 2024.... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: Can an employer in Tennessee force employees to pay for mistakenly printed lottery tickets

The customer doesn't properly state what they want then don't want the ticket that is printed

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answered on Sep 21, 2023

In Tennessee, an employer generally cannot deduct the cost of mistakenly printed lottery tickets from an employee's wages without explicit written consent from the employee. Wage deductions are often strictly regulated by state laws and generally must meet certain criteria to be lawful.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Can I be disciplined for missing work with a doctors note
T. Augustus Claus
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answered on Aug 23, 2023

In Tennessee, as in many states, employers generally have the right to discipline employees for missing work, even if they provide a doctor's note. However, the specifics of your situation, the nature of your employment, and your employer's policies will play a significant role in... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: Does my employer in tennessee have to offer leave to take the asvab test to join the military

It's a private sector company

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answered on Aug 17, 2023

In Tennessee, private sector employers are generally not legally required to provide specific leave for employees to take the ASVAB (Armed Services Vocational Aptitude Battery) test for military enlistment purposes. However, many employers do have policies in place to support their employees'... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Can Wholefoods contact a former employee to inquire about a current one
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answered on Jul 31, 2023

If Whole Foods is contacting a former employee to inquire about a current employee, it could be for reasons such as verifying employment history, seeking a reference, or conducting an investigation. Employers may contact former employees as part of their standard employment practices or to gather... View More

1 Answer | Asked in Employment Law and Business Law for Tennessee on
Q: i got in trouble for a conversation I had in the break room. I never consented to recording. Is that illegal?

I was having a conversation with some coworkers about our bosses. The convo was heated, and all the employees were upset. We all got called out and in trouble for talking bad, but the only way they knew was from the camera recording in the corner. There was no consent i signed to be audio... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Video or audio taping of a person without their knowledge or consent can be "wiretapping," and it is illegal in most states. The issue is are there any warning signs at the workplace that advise you there is taping or are security cameras in place? If so, you have been provided warning.... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: My former employer is not paying my full time earned for my last month of work. Over $4,000. What can I do?
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Under the Fair Labor Standards Act, employees are entitled to minimum wage for all hours worked, and may get double damages for non payment, plus other interest and penalties. Be sure to send a written demand for wages. You can contact the US dept of Labor or the Tenn. Labor commissioner. You... View More

1 Answer | Asked in Criminal Law, Employment Law, Business Formation and White Collar Crime for Tennessee on
Q: I am founder of a new nonprofit in TN. I have felony from 2013 (UE).repaid all monies, no other criminal record.

Can I be an officer/manger on my board if I have felon from another state? I had an over payment for unemployment of 11,033.38 (including a $5,000 fine) ALL of which I REPAID in full. the nonprofit that I am starting is a community building project teaching beginning farmers from low income and... View More

Anthony M. Avery
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answered on May 23, 2023

I am not aware of any disability from running a TN non-profit entity. If you already formed it, then apparently the TN Secretary of State has no problem. Since it is from another State, noone here may know about it at this time, and who would want to remove you anyway? You might look into... View More

1 Answer | Asked in Employment Law and Civil Rights for Tennessee on
Q: Disability discrimination

I got a job offer from Toyota which I signed. I took a drug test and brought my epilepsy medicine with me. The drug testing place (who works directly for Toyota) is now refusing to release my test results to Toyota Hr until I provide them with a letter from my doctor acknowledging that I am capable... View More

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Both the Federal government and many states have laws protecting the employment rights of disabled individuals, epilepsy is considered a disability. Often employers are required to undergo a discussion with the employee before making any decision that would deny them rights. It sounds like the... View More

2 Answers | Asked in Contracts, Employment Law and Collections for Tennessee on
Q: Can a lay person file a Motion to Dismiss in General Sessions court in Davidson County TN?

We are a co-defendant in a garnishment. Plaintiff states that we are the co-defendant's employer. The defendant is a consultant (1099 employee) and we do not garnish wages for consultants. We want to get dismissed from this lawsuit without the need to hire an attorney.

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 16, 2023

You have indicated you are a co-defendant in a garnishment. I am not clear on what you mean. I will assume that you are not a defendant - but rather you received a garnishment in regard to party that had a judgment entered against them.

If that is the case, you need to respond to the...
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