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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 Business Law and Employment Law for Tennessee on
Q: I have an Illinois registered LLC that is employing a TN employee. What do I need to do to comply with the law?
Frank J. Steiner
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answered on Nov 12, 2024

If you plan on conducting any business in Tennessee, you will need to register with the secretary of State. This can be completed online.

Q: I have been missing hours on every paycheck from day 1. I was taxed 3 times for hours I worked and wasn't paid for.

Final warning notice and 7 day suspension for things that were not true. Never received any warning to begin with. The manager doesn't like me because I kept complaining about my inaccurate pay so she is trying to get me fired for reasons that I know are inaccurate. This company is a gas... View More

James L. Arrasmith
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answered on Oct 20, 2024

I'm sorry you're experiencing this situation. Start by gathering all your pay stubs, timesheets, and any written communication related to your wages and promises of raises or bonuses. Document every instance of discrepancies and any interactions with your manager regarding these issues.... View More

1 Answer | Asked in Tax Law, Employment Law, Civil Rights and Employment Discrimination for Tennessee on
Q: I was taxed 3 times on on an already taxed (by the company) amount of $120. They taxed me 20 %

I was taxed 3 times on a my paycheck due to them missing 9 hours off of my paycheck. The remedy they had was to pay me for the time they missed off my check (all OT hours) in Cash in which they had taxed themselves and then put the hours on my next week's paycheck causing me to pay even higher... View More

James L. Arrasmith
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answered on Oct 8, 2024

I'm sorry you're experiencing these payroll issues. Start by gathering all your pay stubs, cash receipts, and any written communication with your employer about your pay. This documentation will be crucial when addressing the discrepancies.

Reach out to the Tennessee Department of...
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2 Answers | Asked in Criminal Law, Employment Law, Real Estate Law and Tax Law for Tennessee on
Q: I'm trying to find the TN TCA CODES for 2001

TCAST- 040999. From 2001 TN TCA CODES

Anthony M. Avery
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answered on Oct 7, 2024

There is not a different code for each year. Find the chapters for the Statutes addressing most of the law you are looking for. Then read the end of each Statute for revisions. Start with the present TCA, then look for any changes made from 2002 forward. The older law will apply in 2001.

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1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Tennessee on
Q: Can a private (Catholic) University be sued for sexuality-based discrimination in employment termination?

This particular University has a clause in its *Faculty Handbook* (which is legally part of every faculty contract) that explicitly states it "will not base decisions with respect to these [termination] policies on race, color, sex, sexual orientation, age, mental or physical disability,... View More

James L. Arrasmith
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answered on Sep 7, 2024

Yes, a private Catholic university could potentially be sued for sexuality-based discrimination in employment termination, especially if it has committed in its Faculty Handbook not to make decisions based on sexual orientation. The clause in the handbook creates a contractual obligation that the... View More

1 Answer | Asked in Employment Law and Civil Rights for Tennessee on
Q: I will like to sue wingstop

For firing me for something I have no clue about I also never made over 40 hours a week

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you’re dealing with a tough situation, and it’s important to know your rights. If you were fired without a clear reason and you believe it was unfair, you might have grounds to take legal action. You should gather any documents or evidence related to your employment, such as your... View More

1 Answer | Asked in Business Formation, Business Law and Employment Law for Tennessee on
Q: I was terminated for closing the store 13 minutes early. When the manager(S) knew I couldn't stay til closing.

Ive never had a warning or write up. I was suppose to close at 12AM. Due to my transportation issues ATM the mangers were very aware that I wouldn't be able to stay til 12. I left that store at 11:47pm . And the manager lied and said I closed and left the store 45 minutes early. It... View More

Anthony M. Avery
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answered on Aug 5, 2024

TN is a terminable at will employment State.

1 Answer | Asked in Employment Law for Tennessee on
Q: Can potential employer ask for criminal record documents? Im in TN

Employee denied employment due to background check. Once I told them that case was dismissed he asked for a copy of my criminal record documents. Is this ok?

Anthony M. Avery
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answered on Jul 31, 2024

Yes. If it was dismissed, you need to get it expunged.

1 Answer | Asked in Employment Law for Tennessee on
Q: How do I access a lawsuit that was file against my employer?
Anthony M. Avery
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answered on Jul 22, 2024

You go to the Courthouse and ask to look at the Court's File on that Case. Some Clerks are not friendly, so be patient. You probably want to read the entire File, but that may not happen.

1 Answer | Asked in Employment Law for Tennessee on
Q: I have been out of work for almost a week and I have a doctors note I hurt my back at home can I be fired for missing wo
Anthony M. Avery
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answered on Jun 12, 2024

Yes as TN is a terminable at will State.

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