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Tennessee Employment Law Questions & Answers
1 Answer | Asked in Contracts and Employment Law for Tennessee on
Q: A nanny agency introduced a nanny to me, but none of us have signed any contract with the agency. Can I hire directly?

I think the agency forgot to send me the contract that would not allow me to contact the nanny directly. Will they likely sue me if I just hire the nanny without paying them fees?

Mr. James Charles Wright
Mr. James Charles Wright answered on Apr 9, 2021

This is one of those - but is it the right thing to do -questions. You contacted an agency - they supplied a person and now you want to hire directly because they either forgot or trusted you as to being able to communicate information - I anticipate you likely know what the fee is as well. I... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: Required to be on call 24/7. A 40 hour work is rare.

And each contact/phone call is billable for this “for profit agency” My ability to visit family is limited as company phone (ATT) does not work in my home town; however, other carries will.

Kyle Anderson
Kyle Anderson answered on Mar 10, 2021

Hi, more information is needed here. Are you paid for the time you actually spend on the phone? Is there a fixed amount of time that you are required to call back if you miss a call? There are many factors to determine whether on-call time is compensable. I would reach out to an employment law... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Got fired for gallbladder problems, causing me to passout at work.

I told my managers that i was going to the doctor and was waiting for a call to get an ultrasound. But i passed out several times at work over the weekend and i was slumped over in pain several times. Someone took a pict of me saying i was asleep for 30 mins. I wasnt, i was just in pain. HR called... Read more »

Jonathan William Doolan
Jonathan William Doolan answered on Mar 1, 2021

There are several issues that would need to be addressed to properly answer this question, including how many employees the company has and how long you worked there. I would suggest contacting an employment attorney in your area to see if they offer a free consultation.

1 Answer | Asked in Employment Law for Tennessee on
Q: I worked in KY but live in TN & owner of business lives in TN. I was not paid. What state do I file complaint in?

I worked for a pharmacy in Ky and was not paid for hours worked or reimbursed for expenses like mileage and hotel bills that were agreed to be paid by owner. I live in TN and the owner lives in TN, but the business is incorporated. What state do I file a complaint in as far as small claims court?

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2021

Kentucky is the venue of the contract and its breach, so I would file there first. If successful, it will be a foreign judgment which must be used in TN to collect. If you file in General Sessions here, defendant will claim no jurisdiction.

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: I have a doc note but got fired due to no show
Kyle Anderson
Kyle Anderson answered on Feb 10, 2021

Hi more information is needed here. What did you miss work for? Were you sick or do you another medical issue? If you have a medical issue that qualifies as a disability under the Americans with Disabilities Act or a serious health condition under the FMLA, your absence may have been protected. I... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: If i walk off a job and it is not completed as an LLC because owner keeps changing the scope of work can i be charged

The owner keeps adding work but doesnt want to pay for it.

Frank J. Steiner
Frank J. Steiner answered on Feb 3, 2021

When you agreed to the work did you have an invoice stating what you were going to do as a contractor? You should never do work unless the other party agrees to pay.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Can a public or private employer require employees to get the COVID-19 vaccine?
Rhiannon Herbert
Rhiannon Herbert answered on Jan 13, 2021

Generally, the answer to this question is yes. However, if you have a medical condition that prohibits you from receiving the vaccine or if you have a religious objection to receiving the vaccine, you may be entitled to request an accommodation in the form of exemption from mandatory vaccination... Read more »

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Tennessee on
Q: Are employer's allowed to blantently say they will not hire me due to my pending charges even though my case is delayed?
Anthony M. Avery
Anthony M. Avery answered on Jan 4, 2021

Yes... Tennessee is an Employment Terminable At Will State

1 Answer | Asked in Employment Law for Tennessee on
Q: A work computer has been left with me since Aug 28. Multiple times I tried to return the computer. Can I charge storage

Or does it become my property at some point

Mr. James Charles Wright
Mr. James Charles Wright answered on Dec 29, 2020

Without knowing all of the details - If you have made several efforts to return- I would suggest if you are going to charge storage- that you clearly communicate in writing that if the computer is not picked up by a date certain (give them a reasonable period) that storage at a reasonable rate... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for Tennessee on
Q: How do I figure the Workmen's Comp Settlement Offer for Tennessee?

I work for a County that does their own Worker's Comp. I hurt my shoulder earlier this year, had surgery, etc. Was called today with a settlement offer based on a 3% impairment rating. Is there a way for me to calculate this for myself to give me peace of mind that I am getting a fair deal?... Read more »

Paul E. Tennison
Paul E. Tennison answered on Dec 8, 2020

I anticipate the min/max charts on the tn.gov website are probably about the best thing you can find available online that is free. You could consult with a local TN Worker's Comp attorney and ask about it. Some attorneys offer free or inexpensive initial consultations. Good luck.

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Can a company fire you for attendance if it's due to psychiatric illness?

Basically, if an employee has discussed with their supervisor that the reason behind being late was due to a psychiatric illness (for example Bipolar Disorder) and the discussion of taking a leave of absence, FMLA, and accommodation took place, but before being able to utilize any of these benefits... Read more »

Carrie Dyer
Carrie Dyer answered on Nov 18, 2020

Additoinal information is necessary to determine if your termiantion was unlawful. It sounds like your employer may have violated the Family Medical Leave Act and/or the Americans with Disabilities Act. You should reach out to an employment attorney in your area to discuss your options.

3 Answers | Asked in Employment Law for Tennessee on
Q: Hello I just been Discharged from work not even knowing why.HR said I was not punching the clock right its been down

They never wrote me up I never give them reason to write me up, Very hard and good worker team player. It came to a shock to me I haven't seen a paystub in almost a year and 2 days of PTO were stolen from me what should I do

Kyle Anderson
Kyle Anderson answered on Nov 19, 2020

Hi, Tennesee is an "at will" employment state, so they can terminate you for any reason or no reason at all, with a few exceptions. It sounds like they are saying you are not clocking in or out right. Even if its not your fault, they can still terminate you for it due to it being "at... Read more »

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1 Answer | Asked in Employment Law and Civil Rights for Tennessee on
Q: If an attorney keeps stating they do not understand what Motion can be filed against them?
Bennett James Wills
Bennett James Wills answered on Nov 12, 2020

Your question is not clear. Try posting again with more specific information.

1 Answer | Asked in Employment Law and Civil Rights for Tennessee on
Q: A customer used a racial slur, my friend politely told her it made her uncomfortable. The company fired my friend.

The customer complained to management who then fired my friend. The incident was not on company premises and my friend up to that point had been a highly valued employee. She was one of only three they kept on after bringing back everyone from furlough. My question is: is this actionable? Are they... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Oct 20, 2020

Generally speaking, in at-will employment states, employees can be terminated for any reason or for no reason at all. However, an exception to this rule exists if the employee is terminated for a discriminatory reason. For example, if other employees WITHIN the company have treated your friend... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: Is my employer obligated to pay me over-time?

I live in Tennessee and work for a medium sized business based in Illinois. My job involves traveling to clients and performing monthly servicing of equipment. I have no managerial responsibilities, no direct reports, and no sales responsibilities. Also, no special skills are required to do my... Read more »

Kyle Anderson
Kyle Anderson answered on Sep 16, 2020

A lot more facts are needed to analyze whether or not you should be classified as exempt. However, your situation does sound similar to cases we have handled in the past. There is an issue with the amount of money you are making that broadens the argument for your employer. If you are improperly... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: I have questions I would like to remain anonymous throughout until I know what to do. I have been mislead by my employer

Several (almost all) employees and I have been falsely promised pay raises, overtime, job security, and working in construction, a lot of personal tools (thousands of dollars worth) are seemingly disappearing. Today we were given our checks (short due to false promises and lies) and told not to... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 15, 2020

Find an employment lawyer near you to discuss these issues. Consultations are covered by the attorney-client privilege so you would not need to be worried about counsel knowing your identity. But much more information would be needed to determine what, if anything, can be done for you.

1 Answer | Asked in Employment Law and Personal Injury for Tennessee on
Q: Do I have a case to claim relocation expenses and stress of relocating family with 2 disabled kids?

I was given an offer letter with relo bonus and told to relocate asap. Sent a new laptop and announced as a new hire to my team. After moving and less than a week before my start date, I inquired about my pending background check. then the company started moving my start date back (twice). Once the... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Sep 10, 2020

Tennessee is an at-will employment state - but if you have an offer letter where the company agreed to pay for certain items and you were told to move as part of this you may be entitled to recover for the relocation expenses.

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Tennessee on
Q: I need a lawyer for my denial of unemployment . This company fire me while I was in the hospital for major surgery.
Carrie Dyer
Carrie Dyer answered on Sep 2, 2020

You should reach out to an employment attorney in your area to discuss the details of your situation. Depending on the size of your employer, the length of your employment, and the reason for surgery, you may have qualified for protected medical leave under the Family Medical Leave Act. You may... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: If I work 2 full time jobs (no conflict of interest), can I overlap maternity leave from both of them?

Individually, I qualify for a full leave from each. I just don’t know if it’s allowed to use from 2 full time jobs.

Rhiannon Herbert
Rhiannon Herbert answered on Sep 2, 2020

There aren't any federal laws that govern or regulate maternity leave, so this sounds like something you will need to work out with both employers individually. If you qualify for the maternity leave you will need for both companies, and each company is aware that you work another job, then... Read more »

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