Tennessee Employment Law Questions & Answers

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

1 Answer | Asked in Employment Law for Tennessee on
Answered on Feb 10, 2019
Mr. Kent Thomas Jones Esq.'s answer
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 contract, then read it carefully. Examples of illegal demotion or termination include, but are not limited to: Termination based on race, sex, age or religion, whistleblower violations (turning in a...

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?

1 Answer | Asked in Employment Law for Tennessee on
Answered on Nov 28, 2018
Mr. Kent Thomas Jones Esq.'s answer
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.

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

1 Answer | Asked in Employment Law for Tennessee on
Answered on Nov 18, 2018
Mr. Kent Thomas Jones Esq.'s answer
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. The first is "circumstantial" evidence of discrimination. That would be your termination. The second item that goes a long way is whether you have witnesses that your boss had told someone that...

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

1 Answer | Asked in Employment Law for Tennessee on
Answered on Oct 4, 2018
Mr. Kent Thomas Jones Esq.'s answer
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, termination for filing a workers' compensation claim, violations of the Americans with Disabilities Act (ADA) or more. If you have a contract or feel that you were discriminated against for an illegal...

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

1 Answer | Asked in Employment Law, Personal Injury, Collections and Libel & Slander for Tennessee on
Answered on Oct 2, 2018
Peter Munsing's answer
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.

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

1 Answer | Asked in Employment Law, Personal Injury and Libel & Slander for Tennessee on
Answered on Sep 26, 2018
Mr. Kent Thomas Jones Esq.'s answer
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 very important. I suspect that our corporate lawyers were correct that you can get in a lot of trouble if you disclose more than that. I suggest that you obtain local counsel to help you with the...

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.

1 Answer | Asked in Employment Law for Tennessee on
Answered on Sep 17, 2018
Mr. Kent Thomas Jones Esq.'s answer
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 or sex discrimination, demotion or termination for whistleblowing and others. If you think that your case falls into one of these categories, then I would consult with a local employment law attorney.

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?

1 Answer | Asked in Employment Law for Tennessee on
Answered on Sep 9, 2018
Mr. Kent Thomas Jones Esq.'s answer
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.

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

1 Answer | Asked in Employment Law for Tennessee on
Answered on Aug 20, 2018
Mr. Kent Thomas Jones Esq.'s answer
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 the type that prints in black or blue ink, because it is absolutely impossible to fax an embossed seal.

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

1 Answer | Asked in Employment Law, Banking and Collections for Tennessee on
Answered on Aug 6, 2018
Mr. Kent Thomas Jones Esq.'s answer
It depends.

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

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: Can my employer make me work out a 4 week notice?

1 Answer | Asked in Employment Law for Tennessee on
Answered on Jul 16, 2018
Mr. Kent Thomas Jones Esq.'s answer
If you are leaving because of an unscheduled change in circumstance, I don't think anyone can "make" you work; however, you will probably not be able to use them as a good reference.

Q: Employment aid option for unpaid wages.

1 Answer | Asked in Employment Law for Tennessee on
Answered on Jul 13, 2018
Mr. Kent Thomas Jones Esq.'s answer
Generally speaking, Tennessee is an Employment-at-Will State, and an employer can terminate or demote you for no reason whatsoever as long as it is not illegal and/or outside of contract with you. If you seriously believe that one of these things has happened, then you should consult with local counsel immediately.

Q: Cameras + audio recording in the office?

1 Answer | Asked in Employment Law for Tennessee on
Answered on Jul 13, 2018
Mr. Kent Thomas Jones Esq.'s answer
I don't think it is illegal. Why don't you quit worrying about it and work somewhere else?

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: My employer fired the CEO and CIO and we don't have a CFO. Can I quit for lack of leadership and not pay relo expenses?

1 Answer | Asked in Employment Law for Tennessee on
Answered on Jun 29, 2018
Mr. Kent Thomas Jones Esq.'s answer
I don't think that you have any recourse. Tennessee is an Employment-at-Will State, and they are not doing anything illegal.

Q: How to go about sexual harrasment at work, charges?

1 Answer | Asked in Employment Law, Federal Crimes and Sexual Harassment for Tennessee on
Answered on Jun 21, 2018
Mr. Kent Thomas Jones Esq.'s answer
This area of the law is very difficult and highly specialized. I would consult with a local employment discrimination attorney. He or she will know whether and how to position the case with the EEOC, the Tennessee Human Rights Commission or the Court system.

Q: Can an employer deduct the unpaid balances from customers that haven't paid their bill from commission workers monthly

1 Answer | Asked in Employment Law for Tennessee on
Answered on Jun 5, 2018
Mr. James Charles Wright's answer
Commision based worker's are subject to the terms / conditions of their employment agreements. If the contract allows for a chargeback on commissions for unpaid amounts - the employer can do this.

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