Lawyers, Answer Questions  & Get Points Log In
Tennessee Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Tennessee on
Q: What can I do about an employer who is wrongfully adding a 30 min break to my 8 to 9 hour shift that I am unable to take
Frank J. Steiner
Frank J. Steiner answered on Mar 28, 2019

Is is paid or is the break off the clock?

1 Answer | Asked in Employment Law for Tennessee on
Q: Can employer just stop scheduling or schedule you outside availability when you were hired for specific job?

I work for large retailer, when hired 10 yrs ago I was hired for shift that worked for my family they have gradually changed it. Now they are trying to change it out of my availability, which is in thier system. I know many others they just quit giving them hours. Or scheduled them causing... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Mar 4, 2019

Generally speaking, the State of Tennessee is an Employment-at-Will State, which means that you can be terminated or demoted for any reason whatsoever, so long as it is not illegal or protected by contract. I would look to see if you have a contract with the employer. Examples of illegal... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: I work for the state and a contractor. The contractor refuses to train me.

I work for the state but I work in a department that is ran by a medical contractor. I cant get trained properly because they focus on their own employees. I am frustrated and not sure what to do. I was told by coworkers that since I dont make as much money as they do they have decided not to train... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Feb 10, 2019

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... Read more »

1 Answer | Asked in Employment Law for Tennessee on
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?

The job site also did not require a background check but that was tooken out my check as well. I was told to come back to the temp service and take the drug test even though I quit a couple days ago. I was also told it was the law to be charged for a drug test that I did not take and I will not be... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Nov 28, 2018

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.

1 Answer | Asked in Employment Law for Tennessee on
Q: I was fired from my job a month ago and just now received a separation letter after I made 3 request for one.

The reason given was poor job performance however I received no warnings and received a $2.50 raise just a couple weeks before that. The person that fired me is an African American and she replaced me with an African American in fact her whole team is African American. My job performance has always... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Nov 18, 2018

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....
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: I have a pending claim with the EEOC on my employer for wrongful termination. They offered 18500?

Should i accept this offer and ask for more?

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Nov 6, 2018

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... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: Is it unlawful to keep a bartender as an employee in a restaurant without providing them with any shifts/hours?

I am a bartender, however, my employer has not given me any shifts this week even though I need it. I have seen the employer do this multiple times before as a way to fire /let go of employees that she does not want / need anymore, even if they have not done anything wrong. I have been an employee... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Oct 4, 2018

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,... Read more »

1 Answer | Asked in Employment Law, Personal Injury, Collections and Libel & Slander for Tennessee on
Q: I'm being given death threats from 2 individuals, from a group I was "working" with. they issue me a cease and desist.

there are many involved mostly a former billionaire and founder of a world wide known anti-virus company well his second in command after issuing me death threats to me and my girlfriendx slandered me to over 850k Twitter followers and made absolutely false acquisitions publicly. well. after going... Read more »

Peter N. Munsing
Peter N. Munsing answered on Oct 2, 2018

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.

1 Answer | Asked in Employment Law, Personal Injury and Libel & Slander for Tennessee on
Q: Do I have a legitimate case against my former employer for defamation of character, lost wages, emotional damages, etc ?

On 7/27 I was unexpectedly directed to a back office by my boss where the door was closed and I was told to sit down. I was completely unaware of what was going on and I was in this small office with my direct supervisor and a woman xxx from the HR department. xxx and my boss proceeded to... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Sep 26, 2018

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... Read more »

1 Answer | Asked in Employment Law for Tennessee on
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.
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Sep 17, 2018

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... Read more »

1 Answer | Asked in Employment Law for Tennessee on
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?

I was under the influence that l am suppose to be told ahead of time not to come, they waited until I got there to tell me to go back

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Sep 9, 2018

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.

1 Answer | Asked in Employment Law for Tennessee on
Q: In Tennessee, who retains the notary seal after employment, the notary or the employer?

I was told my notary seal was thrown away. I have no proof it was disposed of properly.

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Aug 20, 2018

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... Read more »

1 Answer | Asked in Employment Law, Banking and Collections for Tennessee on
Q: Hi, I have a wage garnishment and the account is showing as close can they still take my wages? Because they still are
Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Aug 6, 2018

It depends.

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

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Any kind of suit possible from this scenerio?

I am 50 year old female who started a position part time at $15.00/hr. Was told it would become full time in new budget year with no mention of different pay rate. When received my offer letter for full time, pay was dropped $3/hr. Their reason was because I was now getting benefits.But the only... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 30, 2018

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... Read more »

1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Tennessee on
Q: I went to human resources about an incident over another employee harrassing and intimadating me, in general scaring me.

Human resources told me pending investigation I am the one that they will terminate. Can they do that?

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 17, 2018

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... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: Can my employer make me work out a 4 week notice?

My offer letter stated 4 week notice required but I did not sign an actual employment contract. I was previously working a job that was an hour and a half one way which is why I took this new job in February. When I started working at this job, it was a telecommute/work from home position. Last... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 16, 2018

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.

1 Answer | Asked in Employment Law for Tennessee on
Q: Employment aid option for unpaid wages.

I start working for my company in June 2016 as a part-time employee. This year January I joined them as a full-time employee and relocated to Nashville from California. Since my joining, I have not received the agreed upon salary. First, I was told by CEO they are having financial issues and will... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 13, 2018

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... Read more »

1 Answer | Asked in Employment Law for Tennessee on
Q: Cameras + audio recording in the office?

I learned from a colleague (not management) that cameras are on us at all times while at our desks AND they're recording audio. Is this legal?

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 13, 2018

I don't think it is illegal. Why don't you quit worrying about it and work somewhere else?

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: I was discharged from a job because the supervisor had issues with my husband and in laws from a previous job..

I had only had a couple of days of training..i was introduced to other employees as my husbands wife..not my name..i didn't even have the right tool for the job until the only Thursday I was there..i worked there for 4 days and when she had the chance to give me my evaluation (1 through 5. 1 being... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jul 5, 2018

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... Read more »

1 Answer | Asked in Employment Law for Tennessee on
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?

We have had only one C-Suite executive in place for past 6 months. I relocated for this job because of the culture and the leadership and now the leadership is nearly all gone. Isn't the company breaking it's side of the agreement in not providing a stable work environment?

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Jun 29, 2018

I don't think that you have any recourse. Tennessee is an Employment-at-Will State, and they are not doing anything illegal.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.