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Tennessee Employment Law Questions & Answers
1 Answer | Asked in Employment Law for Tennessee on
Q: Does my employer in tennessee have to offer leave to take the asvab test to join the military

It's a private sector company

T. Augustus Claus
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answered on Aug 17, 2023

In Tennessee, private sector employers are generally not legally required to provide specific leave for employees to take the ASVAB (Armed Services Vocational Aptitude Battery) test for military enlistment purposes. However, many employers do have policies in place to support their employees'... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Can Wholefoods contact a former employee to inquire about a current one
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answered on Jul 31, 2023

If Whole Foods is contacting a former employee to inquire about a current employee, it could be for reasons such as verifying employment history, seeking a reference, or conducting an investigation. Employers may contact former employees as part of their standard employment practices or to gather... View More

1 Answer | Asked in Employment Law and Sexual Harassment for Tennessee on
Q: Can HR allow someone to show them videos of your sex life outside of work

Me and my boyfriend got into an argument at work which resulted in me getting hit outside of work. The hit left a bruise and people noticed the next day. We were suspended. They started asking questions about our personal life which resulted in him showing intimate videos of us to HR. Should HR... View More

T. Augustus Claus
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answered on Jul 19, 2023

In the workplace, there are certain boundaries and expectations regarding privacy and appropriate conduct. Sharing intimate videos of someone without their consent, especially in the context of a workplace investigation, can raise serious concerns about invasion of privacy and potential harassment.... View More

1 Answer | Asked in Employment Law and Business Law for Tennessee on
Q: i got in trouble for a conversation I had in the break room. I never consented to recording. Is that illegal?

I was having a conversation with some coworkers about our bosses. The convo was heated, and all the employees were upset. We all got called out and in trouble for talking bad, but the only way they knew was from the camera recording in the corner. There was no consent i signed to be audio... View More

Maurice Mandel II
Maurice Mandel II
answered on Jul 10, 2023

Video or audio taping of a person without their knowledge or consent can be "wiretapping," and it is illegal in most states. The issue is are there any warning signs at the workplace that advise you there is taping or are security cameras in place? If so, you have been provided warning.... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: My former employer is not paying my full time earned for my last month of work. Over $4,000. What can I do?
Maurice Mandel II
Maurice Mandel II
answered on Jul 8, 2023

Under the Fair Labor Standards Act, employees are entitled to minimum wage for all hours worked, and may get double damages for non payment, plus other interest and penalties. Be sure to send a written demand for wages. You can contact the US dept of Labor or the Tenn. Labor commissioner. You... View More

1 Answer | Asked in Consumer Law and Employment Law for Tennessee on
Q: Can you garnish a 1099 employee wages?

I’m a contract employee and the company I’m contracted through receive a garnishment for me.

Anthony M. Avery
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answered on Jul 7, 2023

If the creditor issues a garnishment against the payor, then that is probably going to be a successful garnishment against all monies owed you.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Employer gave me a promotion and pay raise, but refuses to pay me the rate they promised.

I was recently promoted to assistant manager. I got what was supposed to be my first check with the pay raise. It was at the same rate I was making as a basic employee. Upon asking why the pay rate hadn’t changed, I was told that I “didn’t deserve” the pay they had promised me.

Anthony M. Avery
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answered on Jun 27, 2023

TN is an employment at will State. Apparently you do not have an employment contract. It does not appear you have a recourse except to work elsewhere.

2 Answers | Asked in Employment Law and Small Claims for Tennessee on
Q: Hello my name is Kelly Randall the company that hired me has refused to pay me for over two months now what do I do?

National Global llc hired me as a personal assistant for Amazingly 1 me hair salon, the employer there was abusing my kindness and demanded more then I was hired for etc when I spoke to the manager at NG llc that interviewed me he then spoke to the woman and days after I was fired and promised my... View More

Anthony M. Avery
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answered on Jun 23, 2023

You will need an attorney to sue for breach of contract, etc. Serving the defendant is required and you will have to put on proof. You could file in General Sessions yourself, but I recommend an attorney.

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1 Answer | Asked in Criminal Law, Employment Law, Business Formation and White Collar Crime for Tennessee on
Q: I am founder of a new nonprofit in TN. I have felony from 2013 (UE).repaid all monies, no other criminal record.

Can I be an officer/manger on my board if I have felon from another state? I had an over payment for unemployment of 11,033.38 (including a $5,000 fine) ALL of which I REPAID in full. the nonprofit that I am starting is a community building project teaching beginning farmers from low income and... View More

Anthony M. Avery
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answered on May 23, 2023

I am not aware of any disability from running a TN non-profit entity. If you already formed it, then apparently the TN Secretary of State has no problem. Since it is from another State, noone here may know about it at this time, and who would want to remove you anyway? You might look into... View More

1 Answer | Asked in Employment Law and Civil Rights for Tennessee on
Q: Disability discrimination

I got a job offer from Toyota which I signed. I took a drug test and brought my epilepsy medicine with me. The drug testing place (who works directly for Toyota) is now refusing to release my test results to Toyota Hr until I provide them with a letter from my doctor acknowledging that I am capable... View More

Maurice Mandel II
Maurice Mandel II
answered on May 23, 2023

Both the Federal government and many states have laws protecting the employment rights of disabled individuals, epilepsy is considered a disability. Often employers are required to undergo a discussion with the employee before making any decision that would deny them rights. It sounds like the... View More

2 Answers | Asked in Contracts, Employment Law and Collections for Tennessee on
Q: Can a lay person file a Motion to Dismiss in General Sessions court in Davidson County TN?

We are a co-defendant in a garnishment. Plaintiff states that we are the co-defendant's employer. The defendant is a consultant (1099 employee) and we do not garnish wages for consultants. We want to get dismissed from this lawsuit without the need to hire an attorney.

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 16, 2023

You have indicated you are a co-defendant in a garnishment. I am not clear on what you mean. I will assume that you are not a defendant - but rather you received a garnishment in regard to party that had a judgment entered against them.

If that is the case, you need to respond to the...
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1 Answer | Asked in Employment Law for Tennessee on
Q: I was awarded judgment in a case in Chattanooga TN but it needs to be moved to Wisconsin courts who do I contact

Company has not offered to pay and lawyer has not offered to collect. It’s my wages for 1 year

Anthony M. Avery
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answered on May 3, 2023

If you have a money Judgment from a TN Court which is final on appeal , then hire a TN collection attorney to collect. It will not be easy unless you can garnish a local Hamilton Co. Bank Account. You may need a WI collection attorney to register the judgment then garnish/execute. It may take... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Is it legal for an employer to fire you basied on your autoimmune disease without any bases for it effecting your work?

Coworker was told that their autoimmune disease was making them apparently seem unhappy and to seek help. That they could no longer work for the company due to it

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

This is a tough question.

Under the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activity. An autoimmune disease can be, but is not necessarily, a disability. If it does not effect your work, it seems likely that it does not...
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1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Are there any consequences for an employer not giving a separation notice within 24hr? And lying on it?

I was told I still had my job and out of nowhere I received a (backdated by 6 days) separation email

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 25, 2023

Generally no. In at-will employment states, either you or your employer may terminate the relationship at any time and for any reason, and no written notice of termination is required. The one exception to this rule is if you signed an employment contract with your company that sets forth special... View More

1 Answer | Asked in Car Accidents and Employment Law for Tennessee on
Q: Is my valeting car employer able to track me down to pay for damages?

I used to valet cars for work and I had a mishap that caused 6k in damages. I no longer work there but it states I am liable for half the cost of the damages, but it states it will be reduced from the paycheck. Are they able to track me down and make me pay when I no longer work there?

Anthony M. Avery
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answered on Mar 29, 2023

If they sue you and get a judgment for money, then they may try to collect from you. Generally a Judgment is good for 10 years but might be extended in a few ways. As your present employer they can deduct from your salary in various ways. If sued, hire a TN attorney to defend you and possibly... View More

1 Answer | Asked in Employment Law, Civil Litigation, Civil Rights and Constitutional Law for Tennessee on
Q: Can a volunteer fire department suspend or terminate a firefighter in tennessee over claims of hearsay
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answered on Mar 28, 2023

That is not employment related, but organizations can govern themselves. If some organization guideline or handbook rule has been violated, then the offended member/former member can assert his rights under those rules. But Tennessee Law rarely applies, and Court action rarely interferes.

1 Answer | Asked in Employment Law, Workers' Compensation, Civil Litigation and Libel & Slander for Tennessee on
Q: Do I have a case if a job terminated me for any reason at all do I have a case if my job
Anthony M. Avery
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answered on Mar 17, 2023

Tennessee is a terminable at will State, so any reason or no reason is sufficient.

1 Answer | Asked in Employment Law, Business Formation and Business Law for Tennessee on
Q: Can I have people employed in one S Corp that are meant to work between 2 shared ownership LLCs?

We have 2 LLCs that have partial shared ownership, 2 people are owners in both, 2 more are owners in just one. We are hoping to have an S Corp that is owned by the 2 that own both to employ everyone that currently works in the LLCs to consolidate and simplify things for employees and compliance.... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 10, 2023

You could set up an entity to provide employees to both and then be reimbursed by both entities for the employees. Or the employees could be employed by one entity and when they work for the other - the other entity reimburses the first entity for the time of the employees.

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Tennessee on
Q: Can I file a lawsuit for discrimination on behalf of a deceased relative?

I have notes written by the deceased with dates, documentation of instances and circumstances of unfairness and irregularities, unresolved complaints, etc.

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answered on Mar 8, 2023

The most important witness is the plaintiff as to both the cause of action and damages. It is doubtful you could prosecute the case. Alot of what you have is heresay, even with the declarant dead.

1 Answer | Asked in Employment Law and Gov & Administrative Law for Tennessee on
Q: Can the tn dept of labor falsify court hearing records and testimony that supposedly I gave but I was not there

Tn dept of labor held a hearing and made a judgment based on a false testimony and appearance from me. I had no knowledge of this and my testimony in addition to my appearance Is on the transcription of court documents. Is this legal???

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answered on Feb 20, 2023

An appeal from an administrative hearing is in order. Hire an attorney.

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