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Tennessee Employment Law Questions & Answers
1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: In Tennessee can my boss fire me for telling one of my employees that I work with how much I make an hour ?

I told one of my employees that I work with what I make an hour , they ended up telling my boss and I was fired over it . I have read some articles about pay secrecy being illegal and can not fire me over it . Is his true ?

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 26, 2018

It depends on your employer. You should consult an employment lawyer if you feel that you were fired illegally.

2 Answers | Asked in Employment Law for Tennessee on
Q: What are the tennessee laws on writing up employees for being out of work b/c of snow?

They said i have to use my pto or get let go. Is that something they can do?

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 20, 2018

Employers are free to discipline or even fire employees who don't show up for work even in bad weather. There is no law prohibiting them from requiring employees to show up for work.

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1 Answer | Asked in Divorce and Employment Law for Tennessee on
Q: If a couple works for the same company and decide to divorce, is it legal for the company to fire one of them?
Marjorie A Bristol
Marjorie A Bristol
answered on Jan 12, 2018

Probably, but there are factors that could affect whether or not it is permissible. You should consult an employment lawyer to review the facts and advise you about your legal options.

1 Answer | Asked in Employment Law for Tennessee on
Q: Can you be fired for dating a coworker?

In TN

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 28, 2017

That depends on your company's policy on dating. TN is an at will employment state. Your employer can fire you for almost anything.

1 Answer | Asked in Criminal Law and Employment Law for Tennessee on
Q: Accused of stealing $250 (product/cash) from work, what are my charges going to be and what’s my next move?

My employer called his morning and said there was $250 worth of product missing from the store and he wanted me to bring it back. I didn’t know what he was talking about so I went up and he showed me some paperwork showing that I had rang up items, then voided them, and then they were missing... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 27, 2017

If you are charged, it will likely be with a misdemeanor. Still, this is not something you will want to face without an attorney. Most of the time, employers do not pursue charges in situations like this. They do, however, terminate the employee. My best advice is to not make any statements to... View More

1 Answer | Asked in Business Law and Employment Law for Tennessee on
Q: Salary Exempt have to use PTO if leaving early? Is this legal?

Until recently if we worked a portion of the day, as salary exempt, we were paid for the full day. We were told if we had to leave a few hours early due to a doctor appointment, we wouldn't need to use PTO but if we left for 'personal' reasons we would need to use PTO. Today, I have... View More

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 27, 2017

An employer can still require you to use sick leave or personal leave if they offer it. They are not required to allow you to flex the time off.

1 Answer | Asked in Employment Law and Products Liability for Tennessee on
Q: Is it legal for my employer to make me sign liability before returning to work after accident not work related at all

I was in a car accident on my way to work in my personal vehicle so it has nothing to do with work my employer now is saying after the Dr releases me to go back to work that I have to sign a liability waiver saying they are not responsible for any injuries should they occur on the job

Robert D. Kreisman
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Robert D. Kreisman
answered on Dec 23, 2017

It's not illegal to ask you to sign a waiver, but before you do so, I would urge you to consult with a local attorney well-versed in workers' compensation law.

1 Answer | Asked in Employment Law for Tennessee on
Q: When do an employee need be notified about schedule change??
Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

There is no amount of time prescribed by law.

1 Answer | Asked in Employment Law for Tennessee on
Q: If a employer has offices in 2 different counties can they pay you different rate instead of overtime if you have

Worked in excess of 90 hours between the two locations in the same week?

Marjorie A Bristol
Marjorie A Bristol
answered on Dec 21, 2017

That depends on a lot of facts not included here. You should consult an employment attorney to review the facts and determine your legal options.

1 Answer | Asked in Civil Litigation, Criminal Law and Employment Law for Tennessee on
Q: If someone stands outside a post office and yells at/ approaches the employees is this harassment?

Someone is claiming to “audit” a post office but is yelling demeaning this at the workers, posting it online, and plans to return to bother the workers. Several workers have asked to be left alone. He yells that they are his “employee” and he pays their salaries. From the videos and... View More

Bennett James Wills
Bennett James Wills
answered on Dec 18, 2017

If this person shows up again it would seem that it is a matter for the police to handle.

1 Answer | Asked in Employment Law and Real Estate Law for Tennessee on
Q: Hired to Reno house owner let stay while working on. About done now say out n no pay

Was hired to do work in house and owner has let us stay while working. Have had trouble getting paid by owner and no dollar amount was ever talked about to stay here. Now that pretty much done with renovations and time to pay owner cones by on Friday day tells me have to get out and not paying... View More

Anthony M. Avery
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Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 30, 2017

You will have to sue for quantum meruit, for the benefit conferred. You probably can go to General Sessions Court but I recommend you hire a lawyer. In the future do not conduct business in that manner.

1 Answer | Asked in Employment Law and Family Law for Tennessee on
Q: If I am an adult and living with my grandparents do they have a right to force me into a job i dont want to work in?
Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Oct 30, 2017

If you are over 18, you can make your own decisions, but at the same time, if you are living with your grandparents, they could evict you if you refuse to work.

1 Answer | Asked in Employment Law and Workers' Compensation for Tennessee on
Q: Wreck in company van with known brake issues couldnt stop n company fired me.

I use to work for dish network as a technican. 1 year ago the company van i was working out of had known brake issues every week i filled out a checklist saying what was wrong with my van they even at 1 time put me into another van for about a week. Because of the checklist i had marked it havin... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Oct 23, 2017

You would have a worker's compensation claim. As to the termination, Tennessee is an employment at will state. They likely could not fire you for cause over the accident, but could potentially terminate you without cause if the cause of the accident was the defective brakes.

2 Answers | Asked in Car Accidents and Employment Law for Tennessee on
Q: I am a self employed person and got into an accident, my fault, but my bosses want me to reimburse them for the damages

Are my bosses allowed to make me reimburse them for the towing fees, and their deductible for the accident also if I don't they will hold my paychecks. I am no longer working for them

Also they constantly blamed me for their bank accounts getting frozen when I went to go deposit my... View More

Thomas Walter Tucker
Thomas Walter Tucker
answered on Oct 9, 2017

Not sure how you are self employed and have bosses at the same time. Regardless, it likely depends on the business arrangement/contract you had with your bosses, which was hopefully in writing. Generally, if you agreed to be responsible for the vehicle, you are likely responsible.

T.C.A....
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1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: This would have to do with Employment Law dealing with Drug testing after employment, not pre-employment.

My husband was given a drug test today, which he passed. The only thing that showed up was a prescription medication that he has a prescription for from a doctor that does not impair his ability to do the job he was assigned. The company said that he "failed" the drug test because he... View More

William C. Head
William C. Head pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 20, 2017

Two issues are shown here. One, the application for employment. What was on it MAY make a difference.

Second, what was the drug? Drugs relating to mental conditions, for which the safety of others is at risk can be a problem.

To make sure that this was not merely an EXCUSE, contact...
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1 Answer | Asked in Business Law, Contracts and Employment Law for Tennessee on
Q: In TN can a employer fire a employee for not signing a dock pay agreement

I know that the employer has to have written consent to dock pay in Tennessee. This would be due to loss of product do to accident or a mistake. But can the employer fire the employee who refuses to sign the agreement?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Aug 5, 2017

In the absence of an employment contract or union agreement an employer in Tennessee can terminate for any reason. If there is a contract there may be a description of a disciplinary process or other terms of employment - for example a step discipline process. In the absence of an agreement, if... View More

1 Answer | Asked in Contracts, Employment Law, Business Law and Construction Law for Tennessee on
Q: Can a contractor change a verbally agreed upon hourly payrate after I have completed the work?

The contractor claims that the contractor that he subcontracts the labor that I perform is refusing to pay him HIS agreed upon payrate for my labor (I presume that he charges a fixed amount for each employee, and pays them less, keeping the remaining money). This is his method of business. However,... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jul 12, 2017

Any licensed contractor is subject to discipline from the State licensing board. The board has a process for hearing consumer disputes. I suggest you contact them. The legal principles fro determining whether a worker is an employee or independent contractor are the same- the key factor being the... View More

1 Answer | Asked in Contracts and Employment Law for Tennessee on
Q: I feel i am being being blackmailed for 7 thousand dollars, I have no lawyerHow can I defend myself

My Employer put a lien on a vehicle for 1500 for a 5 thousand dollar truck, he has kept my 3300 and suing me for 7000 dollar

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 15, 2017

It is difficult to tell what your issues are with what you have posted. You will likely get some explanations or answers if you can better explain the facts.

1 Answer | Asked in Employment Law for Tennessee on
Q: I live in TN and am employed part time...some days are 6 he's...some run six and a half or 7, when I work beyond the 6

They automatically take 30 minutes off my time card because of the state law stating they have to if you work over 6 he's. Can they legally do that?

I appreciate your help.

Kirk Angel
Kirk Angel
answered on May 17, 2017

No. The state law in Tennessee is that the employer must provide you with a 30 minute unpaid break if you are scheduled to work at least 6 consecutive hours.

2 Answers | Asked in Employment Law for Tennessee on
Q: recently filed a EEO against my supervisor for harassment in the workplace.

My supervisor is retaliating towards by putting me in areas with larger work volumes and recently changed my shift to a conflicting shift. Shes also tampering with my hours, so i wont recieve my correct pay. I feel forced to quit. What can i do?

Charles Joseph Stiegler
Charles Joseph Stiegler
answered on May 2, 2017

You should report all this to the EEOC to ensure it is included in the charge. It would probably be a good idea to contact a local employment attorney for assistance in handling the EEOC process.

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