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Tennessee Employment Law Questions & Answers
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
Mr. Kent Thomas Jones
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.

1 Answer | Asked in Employment Law, Federal Crimes and Sexual Harassment for Tennessee on
Q: How to go about sexual harrasment at work, charges?
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Jun 21, 2018

This area of the law is very difficult and highly specialized. I would consult with a local employment discrimination attorney. He or she will know whether and how to position the case with the EEOC, the Tennessee Human Rights Commission or the Court system.

1 Answer | Asked in Employment Law for Tennessee on
Q: Can an employer deduct the unpaid balances from customers that haven't paid their bill from commission workers monthly
Mr. James Charles Wright
Mr. James Charles Wright
answered on Jun 5, 2018

Commision based worker's are subject to the terms / conditions of their employment agreements. If the contract allows for a chargeback on commissions for unpaid amounts - the employer can do this.

1 Answer | Asked in Employment Law for Tennessee on
Q: What are my options if I fear losing my job for not performing a task that is a crime

Forcing a resident who is refusing care to take a shower against their will

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on May 25, 2018

The category of your question, to me, falls into the question of whistleblowing. Whistleblowing is a charge if you are alerting and/or turning in your present employer for something that they are doing that is illegal. My advice to you is to consult with local legal counsel about the situation.

2 Answers | Asked in Contracts, Employment Law and Small Claims for Tennessee on
Q: Within a valet company, if a driver damages a vehicle, can the company require the driver to pay for the damages?
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on May 14, 2018

If I understand the question correctly, the driver would be an employee or on a contractual basis with the valet company. I believe that the answer to the question demands an understanding of their employment agreement and/or contract. It should spell out who is responsible for damages.

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1 Answer | Asked in Employment Law and Immigration Law for Tennessee on
Q: I am a us citizen.i want to bring 2 brothers here to work. Which application will they use if they have a sponsor?

They are from the Philippines

Carl Shusterman
Carl Shusterman
answered on May 9, 2018

Believe me, it would take over 24 years for them to get green cards through you. (My wife is a Filipina.) If they qualify for temporary work visas, an employer in the US may sponsor them, and the procedure is relatively quick.

1 Answer | Asked in Employment Law for Tennessee on
Q: Is a company required to pay commissions on sales made while employed if you leave the company?

I worked a sales job at a Timeshare resort in Tennessee, After quitting they refuse to pay out commissions that I earned while still employed, Some deals you write up can take 3 months to get paid on depending how long it takes the customer to finish their down payment. The company roughly owes... View More

Michael Hales
Michael Hales
answered on Apr 30, 2018

The answer here will depend on the employment agreement. I'd recommend starting there. If there is still some confusion, speak with an attorney to resolve this with the timeshare company. I had similar cases a few years back, but they were with Florida timeshare companies.

1 Answer | Asked in Employment Law for Tennessee on
Q: Can I get fired from a job for being hospitalized for 3 days due to asthma?

I had an asthma attack over the weekend and ended up being hospitalized due to how severe the attack was. I was not able to return to work on Monday and I had a note from the hospital that stated I could return on Thursday. I returned to work on Thursday with a note and with my nebulizer machine... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Apr 23, 2018

Could be violative of the Family Medical Leave Act and/or the Americans with Disabilities Act. You should consult with a local employment discrimination attorney.l

1 Answer | Asked in Employment Law for Tennessee on
Q: Can I request that an employee not wear his company shirt if I know he is doing something illegal while not at work?

I have found out that one of our employees regularly drinks beer while he is driving home so I have requested that, if this is something he insists on doing, he change out of his company logo shirt before driving home. He has accused me of infringing on his rights and informed me that I have no... View More

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Apr 11, 2018

I think it is reasonable to ask him not to wear the shirt, simply because under some set of facts it could be alleged that he was representing your company while committing an illegal activity. I don't understand why he would have a problem with that if you are not addressing the underlying... View More

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: I recently applied for a job at this company wich denied me because of not having a highschool diploma wich is mandatory

I know of others that work there that dont have diploma i dont think its fair not to hire me and i know others who work there without one that got in.

Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Apr 7, 2018

Generally speaking, Tennessee is an Employment-at-Will State. This means that they can refuse to hire you for any reason whatsoever, so long as it is not "illegal." Some examples of illegal activity are race, age or sex discrimination, discrimination for whistleblowing, and many others.... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: I see a coworker outside of work and we exchange heated words. Can my employer discipline us as if we were at work?
Mr. Kent Thomas Jones
Mr. Kent Thomas Jones
answered on Apr 5, 2018

Generally, Tennessee is an Employment-at-Will State, which means that an employer can discipline you for any reason whatsoever, so long as it is not illegal. Illegal activities examples include, but are not limited to violations of the Family Medical Leave Act, discrimination based on age, sex and... View More

1 Answer | Asked in Employment Law for Tennessee on
Q: Our son takes prescription meds for bi polar. He is job hunting and has to take drug testing. How should he handle this

situation with a prospective employer? He is feeling discouraged. Thank you.

Marjorie A Bristol
Marjorie A Bristol
answered on Mar 17, 2018

They should only test for illegal drugs. If they try to use the fact that he takes medications for bipolar to not hire him, then they may violate his rights under the ADA. He should consult an attorney to advise him regarding his rights.

1 Answer | Asked in Employment Law for Tennessee on
Q: Hey guys I was wondering was there anything I could if I gave my employer a two weeks notice and they decided to let me

Go before my two weeks

Bennett James Wills
Bennett James Wills
answered on Feb 26, 2018

Tennessee is an at will state which means you can be fired at any time for (almost) any reason. So long as they terminated your employment for a non-discriminatory reason, you'll likely not have any recourse.

1 Answer | Asked in Employment Law for Tennessee on
Q: So I work at a place in Tennessee where we are required to take lunch breaks. Can my employer take hours out for this?

This happens regardless of if I take a break or not. Is it legal to automatically adjust our paychecks?

Marjorie A Bristol
Marjorie A Bristol
answered on Feb 24, 2018

Your employer is required to pay you for all the time you worked.

1 Answer | Asked in Business Law, Civil Litigation and Employment Law for Tennessee on
Q: General partnership.partner is refusing to give me my half of pay for the month that I earned.

Not answering my texts and going aroud telling everyone I stole the check when bank confirmed she cashed it and took full amount

Mr. James Charles Wright
Mr. James Charles Wright
answered on Feb 23, 2018

You may have to file a lawsuit to enforce the partnership agreement.

2 Answers | Asked in Employment Law for Tennessee on
Q: In a manufacturing plant is it legal to drug test employees when they produce a product that does not pass quality check

The policy states that an employee who produces parts that do not meet quality check standards and have to remade or reworked in order to pass quality check, said employee will be given a written write up warning as well as be drug tested.

Bennett James Wills
Bennett James Wills
answered on Feb 7, 2018

Employers are allowed to drug test employees.

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1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Can a employer refuse a person a job because of a felony in state of Tennessee
Marjorie A Bristol
Marjorie A Bristol
answered on Feb 1, 2018

Yes, an employer can refuse to hire a person based on criminal convictions as long as they do not discriminate on the basis of race, color, religion, sex, or national origin. So if the company policy is not to hire anyone with a felony conviction for X crime, that is fine. If they have hire... View More

1 Answer | Asked in Criminal Law, Employment Law, Personal Injury and Business Formation for Tennessee on
Q: How do I call an report an illegal tattoo shop?
Bennett James Wills
Bennett James Wills
answered on Feb 1, 2018

The Tennessee Division of Environmental Health may be a good start.

1 Answer | Asked in Employment Law for Tennessee on
Q: my boss gave me points for being out of work due to having a miscarriage she had a meeting with me about my points at my

work station which was overheard by another employee is there anything i can do about this

Marjorie A Bristol
Marjorie A Bristol
answered on Jan 31, 2018

You should consult an attorney to discuss all of the facts. These facts could possibly mean that there is reason to take legal action.

1 Answer | Asked in Employment Law for Tennessee on
Q: If you make a mistake at work and employers wait two weeks to fire you what rights do I have?
Marjorie A Bristol
Marjorie A Bristol
answered on Jan 30, 2018

You have no rights if they fired you for a mistake. The only right you would have is if they fired you because of discrimination based on you belonging to a protected class (age, sex, race, national origin, disabled).

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