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Tennessee Employment Law Questions & Answers
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?
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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.

1 Answer | Asked in Criminal Law, Employment Law and Gov & Administrative Law for Tennessee on
Q: Can I obtain an insurance producer license in TN with a drug felony conviction in 2009?

I have a felony criminal record in Florida from 2002-2009. There are drug related felonies. I satisfied all terms of sentences in Oct. 2010. I've not been convicted of a crime since May of 2009. Is there a path in which I am able to acquire an insurance producer license in the state of... View More

Anthony M. Avery
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answered on May 20, 2024

Contact a FL attorney about what might be done with the conviction. Then contact the appropriate Commerce & Insurance Department in Nashville for eligibility.

D

1 Answer | Asked in Criminal Law, Employment Law and Business Law for Tennessee on
Q: Can you be prosecuted for something you did not know was wrong?

Can you be prosecuted for something you did not know was wrong?

I work at A rent to own place and I put items on rent for a coworker in my deceased grandmother’s name. The coworker makes on time payments never missed one. It’s not for a ridiculous cheaper price they still pay more than... View More

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answered on Mar 20, 2024

Yes... If charged with theft, etc., hire an attorney to represent you. Also be prepared to make bond. Do not talk about it, but you have already admitted it.

1 Answer | Asked in Employment Law for Tennessee on
Q: Can an employer change the pay scale after an interview?

I currently work with a company and applied for a promotional move. The pay scale was included in the job description. After interviewing, I am told they are going to offer me the position but they are lowering the pay scale.

Is this legal?

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answered on Feb 29, 2024

Yes... TN is employment at will State unless there is a contract.

1 Answer | Asked in Contracts and Employment Law for Tennessee on
Q: I'm a Physician assistant trained in emergency medicine. Can urgent care enforce a Noncomp to keep me out of the ER?

I have a noncompete in my urgent care contract. My boss is not fulfilling the hours or my bonus according to my contract so I'm leaving. It is stated as "not over 50% walk in volume" which would apply to emergency rooms too. I'm ER trained with a doctorate in EM. Can this urgent... View More

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answered on Nov 30, 2023

It appears that the contract will be breached by your working in an ER. Hire an attorney to read the contract and listen to the prospective new jobs. You may get sued in any event and have an attorney ready to go.

1 Answer | Asked in Employment Law for Tennessee on
Q: I attended a company conference in which one company official played a clip from a movie containing obscene language.

It was very uncomfortable viewing in an audience of male and female associate and additionally with the Corporate HR and Director of HR watching this laughing.

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answered on Nov 21, 2023

What is your question?

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, Libel & Slander, Civil Rights and Employment Discrimination for Tennessee on
Q: In 2020, I was wrongfully arrested for an attempted second degree murder, and i haven't been able to get a job since.

I wasn't connected to the attack but the victim was my best friend. They had put out a warrant for my arrest and put me on the news as armed and dangerous when their evidence wasn't solid at all. All charges we dropped but only after I bonded myself out and provided video evidence proving... View More

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answered on Oct 17, 2023

The SOL for such civil rights/GTLA actions has been extended a little in TN. You did not state the date the prosecution was dismissed. If you want to pursue this, you will need to get in gear fast, and the SOL may have already run. If indicted, most Courts find probable cause for the arrest.

1 Answer | Asked in Employment Law for Tennessee on
Q: I’ve been paying for health insurance for a year or so and I’m not getting the benefits I’ve mentioned it to HR
John Michael Frick
John Michael Frick
answered on Oct 10, 2023

Unless you aren’t getting health insurance at all, you probably should address the specific benefits at issue with your health insurance company.

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 Law for Tennessee on
Q: Can an employer demand a doctors note for a single day of calling in sick?

I had a cold or could've been bad allergies. Not bad enough to go to the Doctor And they are demanding a doctors note.

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answered on Sep 11, 2023

TN is an employment at will State. So employers can demand compliance or they can discharge you.

1 Answer | Asked in Employment Law for Tennessee on
Q: I gave my employer a doctor's note saying I need to drive a nicotine free vehicle and they put me on administrative lea

The company has a no smoking in vehicle policy, but put me on administrative leave for a investigation? Don't know why.

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answered on Sep 1, 2023

TN is an employment termination at will State.

1 Answer | Asked in Employment Law for Tennessee on
Q: I work as a tech contractor, Is it illegal to hire me for a low position but the actual job is mid to high tier?

Im seeing this as they hired me for the low wage and getting a higher paid job for the low pay. I am supposed to be a help desk technician tier one, but what ill be doing is tech support tier 2-3.. two entirely different things and entirely different qualifications that I do have but, not getting... View More

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answered on Aug 28, 2023

You could try a breach of contract suit, but most likely you lose. Tennessee is an employment at will State.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Can I be disciplined for missing work with a doctors note
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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

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