Get free answers to your Employment Law legal questions from lawyers in your area.
I fulfilled the duties of my 2019-2020 teacher contract. However, I was informed that my contract would not be renewed for 2020-2021. I am filling out applications, and they are asking if I have ever been involuntarily terminated. Do I choose yes or no?
answered on May 18, 2020
I have not reviewed the specific form you are asking about. The form may include a definitions section that would help in answering this question. If you are requesting specific legal advice, you should consider consulting with an attorney.
In general I see termination as a word equivalent... View More 
During this Covid situation, I and the GM are the only two running our store. He broke his leg and has barely worked. I have pulled doubles for the last two weeks. As of Thursday, I had 16 hours of overtime. The GM has had me clock him in on 3 separate occasions but he was always clocked out after... View More
answered on Apr 22, 2020
You should file a written report with the Human Resources department and/or your GM's supervisor. Make sure you are keeping a written record of all hours you have worked. If you are a non-exempt, hourly paid employee, then you are entitled to be paid at a rate of one and one-half times your... View More
My employer failed to send SSA withholding to SSA for many years. All employees' SSA statements show $0 for those years. She passed away last year and her family closed that business entity and reopened with a new name, retaining all employees. The new company has paid SSA as required. The... View More
answered on Apr 15, 2020
Generic legal advice to all humans being asked to sign anything important--ever: Before signing any document that in an y way raises concerns about the possible affect of that document you should ALWAYS send a copy of the document to your family lawyer and ask them to flyspeck it and advise you... View More
I was sick and out of work for two weeks. I have a doctor’s note, which says I was seen and I needed to be out of work from such and such dates. It says that I will be able to return to work on the 9th. My boss/HR is refusing to accept my note because they want proof of what tests were preformed... View More
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answered on Apr 6, 2020
Yes. Unless you have a contract, Tennessee is an employment at will State.
My wife is an accountant at a firm in Nashville. My wife is the only black person in her office. One day a coworker of hers made the comment "the KKK wasn't that bad." Completely out of the blue. It obviously upset her but she didn't make a scene. Later that night she texted one... View More
answered on Feb 26, 2020
If you'd like to pursue something here, your best bet would be a hostile work environment claim based on race. However, establishing such a claim requires proof that the racially discriminatory comments your wife experienced were both severe (in terms of what was said), and pervasive (meaning... View More
We aren't paid out our commissions until the client pays. I was not terminated for poor job performance, and I completed most of this particular job myself before I was terminated.
answered on Jan 16, 2020
If you have a contract, then you should have a breach of contract action.
i work a job where i make only commission, i get paid to pull snack items and only get paid to do that. the delivery drivers sometimes brings back all the items i pulled and im forced to put up the items without pay and it takes hours to put up. is it legal for them not to pay me for the work i do?
answered on Jan 14, 2020
This may very well be illegal but more facts are necessary. An employer may not misclassify an employee as an independent contractor to dodge paying taxes, social security, and unemployment insurance. You should consider speaking with a local employment attorney to determine your options.
ing sued?
answered on Dec 31, 2019
You should consult with an attorney who practices employment law in Tennessee prior to posting anything about your boss or his business on Facebook, even if you don't explicitly identify him or the company by name. Defamation laws are state-specific. An employment attorney will be able to... View More
answered on Oct 25, 2019
That is a good question. The answer regarding whether Facebook pages can be admissible evidence is in debate. In Massachusetts, a court unamimounsly decided that they could. I have not seen a decision down here. As a criminal defense attorney, the problem, in my mind, is that you cannot state... View More
Is this legal? They're was no discussion or paperwork, it would be a supervisor role without title change or pay change. There was never a discussion
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answered on Oct 22, 2019
Unless you have an employment contract or government regulated job, the tasking communication to you can take any form. This is an employment at will State, and you can be terminated for any or no reason.
The charges where in Florida I live in Tennessee now. I have disclosed it on my application but was wondering do I have to and how it shows on a background check ? The judge withheld adjudication I plead no contest if that’s the proper saying and the judge with held adjudication in the case
answered on Oct 19, 2019
What do you mean by "withheld adjudication"? Generally, only convictions and pleas (which are convictions) show up as convictions.
Contracts with local clients- established. Investor wanted to deposit “monies” from unknown sources into business account. I am a Lease holder and investor has put myself and the employees out. Investor has made slanderous comments to members of the business community. I have lost all wages,... View More
answered on Aug 19, 2019
Based on the facts provided you may have a claim for tortious interference with business relationship.
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answered on Aug 15, 2019
Unless you have a Contract or an Employee Handbook saying otherwise, yes you can be fired for any reason in Tennessee. This is an employment at will State. And being charged with a Felony often generates job loss. I recommend finding another job while you fight the Indictment. Being charged... View More
I had to wait two years to start a retirement account. An employee that has been here four months is eligible for the retirement plan, but another employee who has been here eight months has not even been asked to participate in the plan.
answered on Aug 12, 2019
One would need a lot more information to determine an answer. Does the employee have a contract? Employment handbook? Perhaps there's an opt-in period? Consult a local employment attorney.
Non compete clause (Nashville) States I can't work within 55 miles for 1 year after quiting my job as a tattoo artist because we have "trade secrets" however, if I am an unlicensed artist for one year I am no longer able to get licensed to be an artist and I would have to completely... View More
answered on Aug 12, 2019
I think the answer, unfortunately is "it depends." The issue is whether the non-compete is reasonable. fifty-five miles appears at first blush to be a reasonable distance to keep a tattoo artist from setting up shop "next door" and competing against the employer. But it may... View More
I work for praxis in Savannah Tennessee I got hurt on the job with a chemical that got in my eye. I went to there doctor they really didn’t tell me what was going on other than you will b fine. I went to the Er and the doctor at the Er put me off for the rest of the week. I gave the company the... View More
answered on Aug 1, 2019
There seem to be a few options. First, I would look at the workers' compensation law angle. Generally speaking, pursuant to T.C.A. Section 50-6-204, you have thirty (30) days to turn in a workers' compensation injury to your employer. If the thirty (30) days have not passed, then turn... View More
answered on Jul 24, 2019
Yes, in Tennessee, an employer should give an employee a separation notice when the employee no longer works for the employer. Find the TN DOL website and you can read more about those issues. Good luck.
I was terminated from my job and was told to contact the retirement plan services for my 401K. When I did so they told me that I could not get my 401K until they received a termination notice from my ex employer. I offered to fax them the copy of the termination notice they gave me the day I was... View More
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answered on Jul 22, 2019
Whoever is the Plan Administrator (a Trustee) is in control, and that is not the former employer (who has nothing to do with it). If you are not paid within a month after doing everything they ask, then hire a competent attorney. It is very difficult to go after your property since it is almost... View More
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answered on Jul 18, 2019
Absolutely. You do not have to work there, and can be fired for any reason.
I sent a complaint to my manager. He talked me out of going to HR with the complaint. I over heard some people involved in my complaint make comments that suggested my complaint was leaked to them. On the day of, I heard him talk about being worried about being fired and after lunch he tapped my... View More
answered on Jul 1, 2019
That appears to be a very fact-based question that may need some more development by witnesses that were around, if any, and/or the strength of your own testimony.
If you knew that there was truly no gun and that the guy was just simply harassing you, it may not rise to the level of a... View More
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