Lawyers, Answer Questions  & Get Points Log In
Tennessee Employment Law Questions & Answers
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
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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, 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.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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???

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 20, 2023

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

1 Answer | Asked in Employment Law for Tennessee on
Q: Can an employer in TN that provides training for commissioned sales require a deposit on sales materials/tools?

Materials for the position are proprietary and are required to be returned upon termination. The deposit will be refunded upon the return of sales tools.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2023

No legal requirements involved. If that is the requirement of the employer, then the employee must comply if he works there.

1 Answer | Asked in Employment Law, Business Law, Civil Litigation and Employment Discrimination for Tennessee on
Q: Will someone please answer this for me? I was fired today.

I was fired from a local company and the reason was they found out I was in recovery and said via text “we can’t have you come back with your history of drug abuse. We are afraid you’ll steal”. I have asked this question multiple time and can’t get a response. Do I have any legal action?

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 6, 2022

Unless there is a contract, all TN employment is terminable at will of the employer. No action exists.

1 Answer | Asked in Contracts, Employment Law and Business Law for Tennessee on
Q: I have a check that was written to “buyout” my contract until the end of the month. I don’t agree but I got to eat

It says buyout on my check that has pay due to me via salary plus a little more. I’ve been severely lied to and I will take action but this money is added to my regular salary and I have bills so do I use a without prejudice UCC on the check before I sign. Even if I use the code without prejudice... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 14, 2022

If you cash the check it will probably be an accord and satisfaction of any debt owed. Either file suit or take the money.

1 Answer | Asked in Employment Law for Tennessee on
Q: I lost my job in May. The company I was working for claims that I "cussed out my supervisor and walked off the job".

My recollection of that night is somewhat different. I was having a regular night, but a little before halfway through the shift I started to get the aura of a migraine headache and I informed my supervisor that I was going to be leaving early. I also said that I had 8hrs of PTO accrued and, if... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 8, 2022

Tennessee is an employment at will State. No reason is needed for termination.

1 Answer | Asked in Employment Law for Tennessee on
Q: I earn paid time off for each hour I work. Is the company required to pay out my PTO after I quit. Gave 2 week notice.

Company policy is PTO is forfeited.

Courtney Cotter
Courtney Cotter
answered on Jun 21, 2022

If the company policy is that PTO is forfeited, then unfortunately you will lose your PTO.

Tennessee Wage Regulation Act, Tenn. Code Ann. 50-2-103(a)(3), provides:

… The final wages of an employee who quits or is discharged shall include any vacation pay or other compensatory...
View More

1 Answer | Asked in Personal Injury and Employment Law for Tennessee on
Q: My job fired me because I have a health problem. What can I do?

I have a chronic heart problem and my job has just fired me because of that. How can I find a lawyer to take the case?

Alexander D. Weatherby
Alexander D. Weatherby
answered on Jun 2, 2022

Hi! Based on your post, it sounds like you need an employment lawyer, not a personal injury lawyer. I would recommend that you contact the Tennessee State Bar for a referral to an employment lawyer ASAP to ensure your rights are protected. I wish you the best with your case - Alex

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Employment law and stock option grant question

Hi there--I was laid off from my job at a tech company last week. I have stock grants that vest 20% each year for 5 years. The lay-off occurred 10 1/2 months into my 2nd year of vesting, so I'm leaving a lot of money behind. I'm 54 years old and other people performing much worse than... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 31, 2022

You should contact a Tennessee employment attorney to discuss a potential age discrimination claim under the Age Discrimination in Employment Act (ADEA). As for your contract containing the stock grants and the separation agreement you were given, you should also have these reviewed by a Tennessee... View More

1 Answer | Asked in Contracts and Employment Law for Tennessee on
Q: Owner of salon just sold business and new owner requires new contract to be signed by June 1st. Now does not wish to

Continue business relationship and asked me to leave. I am booth rental and have no contract with new owner, can she just tell me to leave or must she give me adequate notice?I am in Knoxville TN.

Mr. James Charles Wright
Mr. James Charles Wright
answered on May 23, 2022

if you had a contract with the prior owner/ a lease - then you may have an ability to rely upon this as to the term of same.

1 Answer | Asked in Business Law, Civil Litigation, Employment Law and Contracts for Tennessee on
Q: Can I take legal action as an independent contractor against a company that didn't pay me even without a formal contract

Hi! Im an independent contractor working in the audio engineering field. Back in November, the company managing production for a local venue asked one of their regular independents for recommendations for more people to bring in and I was asked to come in for one day. After completing the gig, the... View More

Mr. James Charles Wright
Mr. James Charles Wright
answered on Feb 4, 2022

If The company asked you to do the work -and you did the work- you should be entitled to be paid. The fact there is not a writing shouldn't prevent you from making a claim.

You may want to formally write them sending an invoice for your services - and if that doesn't work you...
View More

1 Answer | Asked in Employment Law and Immigration Law for Tennessee on
Q: as a H1B employee, can i work from India for a couple of weeks. is there any legal restriction on it. Thanks.
Rehim Babaoglu
Rehim Babaoglu
answered on Jan 28, 2022

I assume you mean performing work for the same company that petitioned for you, Yes, you can work remotely. Or, you can work for another employer - in India, only.

1 Answer | Asked in Employment Law for Tennessee on
Q: What are my options for breaking a 90day contract clause and leaving early from a 3 year contract.

I have to give a 90 day notice of quitting, but my new job says they need me to start 3/1/22 and that’s a hard line. I wouldn’t be out of this current job until mid April if I give the full 90 days. There is someone who could take over for my position, but it means the main boss wouldn’t get... View More

Jordan T. Newport
PREMIUM
Jordan T. Newport
answered on Jan 24, 2022

Tennessee is an at-will state. This means that employees are allowed to leave their employment at any time without a reason, or in other words, this means that there are no federal or state laws that require an employee to give notice to his or her employer before quitting, subject to a few... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: I have been arrested under shoplifting worth of $300. My case has been expunged.

After 3 years of that incident I have applied to bank for IT job they have requested for fingerprints should this record appears.

Thanks

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 30, 2021

What is your question ?

1 Answer | Asked in Employment Law for Tennessee on
Q: I punched my toolbox out of anger at work I think I broke my hand

I told my service manager about it and showed it to him, I was told well you shouldn't have punched anything, so now Im still at work putting myself in agony trying to do my job.

Carrie Dyer
Carrie Dyer
answered on Dec 29, 2021

I'm not sure what your question is. If you think you broke your hand, you should seek medical treatment. If your medical provider recommends that you take time off of work or gives you restrictions, you should inform your employer. If you need to miss work, and you are otherwise eligible, you... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: Central freight is closing with no 60 day notice to employees. Does this violate the warn act?
Rhiannon Herbert
Rhiannon Herbert
answered on Dec 14, 2021

More information is needed to answer this question. While the WARN Act generally does require 60 days' notice prior to a mass layoff or plant closing, there are a lot of exceptions and qualifications to this general rule. You should contact a Tennessee employment attorney to discuss the... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: I was fired for asking my employer about my pay and the next day, he emailed me a termination letter. What can I do?

I asked my employer about my pay and the next day, I received a termination letter stating “due to lack of experience “ as the reasoning. I’ve NEVER been written up or received any verbal warning about “lack of experience” although employer knew before hiring me, that I didn’t have the... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2021

Tennessee is a terminable at will State. Unless there is an employment contract, administrative law proceeding governing a government job, or some kind of employee handbook violation, the employer has total discretion in Tennessee.

1 Answer | Asked in Employment Law and Education Law for Tennessee on
Q: Perm Sub - can my school change my position and contract at will?

I started in July working as a Permanent Sub teaching High School English with the intent that the school that hired me would help with my pursuit of certification. I was also told that after getting my certification I would get a raise and be instated as an HS ELA teacher full stop. My contract... View More

Jonathan William Doolan
Jonathan William Doolan
answered on Oct 29, 2021

Your answer depends greatly on the wording of the employment contract between you and your employer. I would suggest that you schedule an appointment with a local attorney who practices employment law and they can provide a better opinion after reading your contract.

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.