Tennessee Employment Contracts Legal Questions

There are simply too many variables to answer this question in a forum such as this.  Contact an experienced employment attorney in the Knoxville area and set a consultation to speak directly to an attorney. (Simply speaking with a staff person and doing a questionnaire will not do you any good.)... Read More

It is not illegal to discriminate on any basis other than those prohibited by statute, e.g. race, religion, age, nationality, etc.  I know of no statute which prohibits discrimination on the basis of smoking, although it could possibly be argued that this really equates to discrimination on the basis of a medical condition (employers not wanting to pay the higher health insurance premiums they may have to pay for employees who are smokers), which is prohibited under certain conditions.  In other words, you may have a claim, but it's a stretch.... Read More

While non-competition agreements are looked at more closely than most other types of agreements, the general rule in most states (not California, which enforces non-competes only in very rare circumstances) is that they can be enforceable if they are reasonably necessary to protect the employer's legitimate interests.  This depends on such factors as whether there are trade secrets involved, whether the employee is highly skilled or has no particular special qualifications, whether the employee received additional consideration (other than continued employment) for agreeing to the non-compete, whether the employer spent considerable money and/or time training the employee, whether the provision is resonably limited in time and geographic scope, whether the provison prohibits all competition, or just prohibits solicitation, whether it precludes contact with anyone who's been a customer of the employer for the past 30 years, or just those who have actually dealt with the employee while still employed by the employer over the past six months, whether the contract was negotiated fully between relative equals, or is simply a form a large business forces all of its employees to sign, and similar factors.  The answer is often not black and white, it's a balancing act. Another question is whether the Court's will "blue pencil" the clause, or toss it out altogether.  For example, lets say the clause prohibits you from competing within 5 miles for 3 years, and the Court thinks it would have reasonable to have kept you from competing within 2 miles for a year.  In most jurisdictions, the  Court has the power to either invalidate the provision completely, or rewrite it to be more narrow and reasonable.  Which course the Court will follow may depend on how overreaching it thinks the employer has been. If the non-compete agreement is a standard one whch all employees sign, you may be able to get a copy from a co-worker, or former co-worker, without your employer finding out.  Be careful that you don't ask any co-worker to do anything which would violate their obligations to the employer (for example, the agreement may require that it be kept confidential). Unfortunately, even if you are likely to prevail in a lawsuit and your former employer knows it, some employers like to sue competing ex-employees as a warning to other employees of what will happen to them if they leave and compete.... Read More

You should immediately contact a local employment law attorney to discuss your case.  When an employer asks for an injunction against a former employee, there are usually protections required should the injuction be an abuse.  A seasoned employment law attorney will then know how best to proceed. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

It depends on numerous facts.  You should immediately contact a local employment law attorney to determine if you have any recourse. If you are an at-will employee, the employer can dismiss you for any number of reasons, or for no reason at all.  If you are a contract employee, you may have defenses available to your dismissal. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

You should immediately contact a local employment law attorney.  You may have a potential claim against your previous employer, and/or may have potential defenses for appeal of your denial of unemployment compensation.  Many attorneys offer a free initial consultation to access your case, and it would be in your best interest to contact a local attorney to discuss your circumstances. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

It depends on numerous differing facts.  You should speak with a local attorney to determine if the email would constitute an amendment to the original contract. This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

A private company is free to do an investigation of any current or previous employees at any time it deems appropriate.  There maybe laws protecting your rights with regards to future employment opportunities if the previous employer disclose harmful information.  You should see a local employment law attorney to determine what rights you currently have.   This is not intended to be legal advice, and is general in its nature. No attorney-client relationship exists or is formed by this information. Furthermore, this does not represent the views or opinions of LexisNexis or its affiliated companies.... Read More

Unfortunately, from the information that you provided, you rights to any pay will most likely need to be determined pursuant to Indiana law.  Most states have an office which will allow you to file a complaint against the company for failure to pay your wages.  Though, if the company has gone out of business, this may be of small comfort.  If the company has in fact gone out of business, you would still have a claim against the company which could be filed with the court or in the company's bankruptcy (if such a proceeding has been filed).  This answer is for general informational purposes only and is not intended to constitute legal advice or a recommended course of action in any given situation. This answer is not intended to be, and should not be, relied upon by the recipient in making decisions of a legal nature with respect to the issues discussed herein. The recipient is encouraged to consult independent counsel before making any decisions or taking any action concerning the matters in this answer. This answer does not create an attorney-client relationship between the author (John R. LaBar)/Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. and the recipient.... Read More

You employer is required by Tennessee statute to pay you at least twice a month.  From the information in your question, it sounds like he was behind in payments because a financial institution normally would not refuse to honor a check.  You may request from your employer that new checks be issued.  To the extent your employer was a sole proprietorship, and therefore, upon his passing, the business ceased, you will have a right to file a claim against his estate. This answer is for general informational purposes only and is not intended to constitute legal advice or a recommended course of action in any given situation. This answer is not intended to be, and should not be, relied upon by the recipient in making decisions of a legal nature with respect to the issues discussed herein. The recipient is encouraged to consult independent counsel before making any decisions or taking any action concerning the matters in this answer. This answer does not create an attorney-client relationship between the author (John R. LaBar)/Henry, McCord, Bean, Miller, Gabriel & LaBar, P.L.L.C. and the recipient.... Read More