Tennessee Employment Legal Questions

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149 legal questions have been posted about labor and employment by real users in Tennessee. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include whistleblower litigation, wage and hour law, and occupational safety and health (osha). All topics and other states can be accessed in the dropdowns below.
Tennessee Employment Questions & Legal Answers - Page 6
Do you have any Tennessee Employment questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 149 previously answered Tennessee Employment questions.

Recent Legal Answers

fmla

Answered 13 years and 3 months ago by Mr. Joseph M. Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
The FMLA, specifically Title 29, United States Code Sec. 2611(12) defines son or daughter to include a biological, adopted or foster child, a stepchild, or a legal ward only if they are under 18 years old, or, are unable to care for themselves due to a mental of physical disability.  Therefore, your employer is correct that there is an age limit.  I think the next question is whether your child is incapable of self-care due to physical disability.  At the moment, he or she is hospitalized and care is being provided.  However, if your child is unable to care for himself/herself for some period of time after release from the hospital, there is a chance you might be eligible for leave on that basis.  Your eligibility would probably depend on a variety of factors, however, and I recommend you discuss the issue in detail with your employer's human resources folks.... Read More
The FMLA, specifically Title 29, United States Code Sec. 2611(12) defines son or daughter to include a biological, adopted or foster child, a... Read More

my boss keeps asking me to go to church. is this legal?

Answered 13 years and 3 months ago by attorney Bryan S. Arce, Esq.   |   1 Answer   |  Legal Topics: Employment
Ashley,   Your boss has a right to practice her religion in the workplace.  However, she cannot force her religion on you.  You have a right to believe what ever you want.  It is a fine line and depends on other factors and specific details of what is said to you. You should probably contact a TN attorney. My firm only practices in NY, NY, PA, and DC.  But if you are interested, I have attached a link to a report of a case that I tried with my partner last March (2012) in New York for religious discrimination and won a Jury Verdict of $1.6M, which might give you some more insight. Salemi vs. Gloria's Tribeca Inc.:  http://www.arcelawgroup.com/cases/salemi_verdict_summary.pdf... Read More
Ashley,   Your boss has a right to practice her religion in the workplace.  However, she cannot force her religion on you.  You have... Read More

Harrassment and Discrimination in the work place

Answered 13 years and 3 months ago by Mr. Joseph M. Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
First we have to understand that what you consider "harassment", your employer considers managing you as an employee.  When an employee suffers from a disability, the employer is required to make a "reasonable accommodation" which permits the employee to perform the "essential functions" of the job.  You have not provided enough information about your job for me to make any determination regarding what the "essential functions" may be, but in most cases one of the "essential functions" is for the employee to be present at the workplace.  Your employer has apparently concluded that setting you up with a "work from home situation" is not a reasonable accommodation.  Also, if your condition leaves you exhausted and you have to lie down, your illness may prevent you from performing the essential functions of your job, in which case you may not be protected under the law.  The fact you have been "written up" seems to indicate your employer believes you are not performing the essential functions of the job as required. Since your condition is quite rare, (and I'm assuming you have medical documentation for the illness), I suggest you check with the Tennessee Human Rights Commission and discuss your situation with the professionals at the Commission.... Read More
First we have to understand that what you consider "harassment", your employer considers managing you as an employee.  When an employee suffers... Read More

Does an employer have the right to talk down to you and talk down about other employees to other employees?

Answered 13 years and 3 months ago by Mr. Joseph M. Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Unfortunately, it doesn't sound like she's doing anything unlawful, she's just a terrible manager.
Unfortunately, it doesn't sound like she's doing anything unlawful, she's just a terrible manager.

Should I recieve pay for drive time to the job?

Answered 13 years and 7 months ago by Mr. Joseph M. Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
You may be entitled to pay for the travel time.  From a legal standpoint, the question is whether the travel time is considered "time worked" or simply commuting.  Generally, if your employer requires you to take a company truck, company equipment, etc. home with you and then travel to your assigned job site in the truck, with the equipment, the travel time may be considered "time worked."  On the other hand, if your employer simply allows you to take the truck and equipment home each day since it is more convenient for you to travel to the various job sites from home rather than reporting each morning to a central office and leaving from there, the travel time may not be considered "time worked."  I suggest you check with the Tennessee Dept. of Labor. Their professionals can determine whether you are entitled to be paid for the travel time.... Read More
You may be entitled to pay for the travel time.  From a legal standpoint, the question is whether the travel time is considered "time worked" or... Read More
It is very doubtful that the company could have a relationship with you that is a true independent contractor relationship as defined under cases interpreting the Fair Labor Standards Act (FLSA).  This means that in all likelihood they owe you overtime for all the time you worked in excess of 40 hours in a 7 day work week. This also is most likely a willful violation of the FLSA, which means you should be able to collect the unpaid overtime plus an equal amount as liquidated damages, plus your attorneys fees going back 3 years from the date you file a lawsuit in federal court to recover the unpaid overtime.   You should contact an employment lawyer who represents plaintiffs. Since you are in Tennessee you probably should look for a local employment law specialist.  The longer you wait to bring a case, the more back pay and damages you will lose because of the 3 year statute of limitations for willful violations of the FLSA. Michael Caldwell 404-979-3150... Read More
It is very doubtful that the company could have a relationship with you that is a true independent contractor relationship as defined under cases... Read More

when can an employer hold back your last check?

Answered 13 years and 7 months ago by attorney Arthur R. Ehrlich   |   1 Answer   |  Legal Topics: Employment
If you were at work, and performed work, they cannot withhold your pay check.  Complaining about the quality of the work you did will not protect them.  If your paycheck amount is fairly small (under $1000), you should file a charge with your State Department of Labor  
If you were at work, and performed work, they cannot withhold your pay check.  Complaining about the quality of the work you did will not... Read More

EMPLOYED AS A CONTRACT/SUB CONTRACTOR FOR A SECURITY COMPANY IN TN AND WORKING OVER 40 HOURS A WEEK ARE YOU ENTITLED TO OVERTIME PAY?.

Answered 13 years and 7 months ago by Mr. Joseph M. Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
The "bottom line" answer is pretty simple here.  If you worked more than 40 hours in a work week, your employer must pay you overtime.  From your question, however, I'm not sure who your employer was.  You say you were a "contractor" or "subcontractor."  That seems to say you were employed by a security company which then assigned you to a post with one of its clients.  Despite the fact you work the uniform and patches of the client, if your employer was the security company, it is that company which would be required to pay you the overtime, not the client for which the security services were provided. ... Read More
The "bottom line" answer is pretty simple here.  If you worked more than 40 hours in a work week, your employer must pay you overtime. ... Read More
typically, the limitation period would be 180 days for a state agency and 300 days for the EEOC.  If you have time remaining, you should first see an attorney about your case.  If time is short, you can contact your state employment discrimination agency or the Equal Employment Opportunity commission about filing a charge, and then meet with an attorney... Read More
typically, the limitation period would be 180 days for a state agency and 300 days for the EEOC.  If you have time remaining, you should first... Read More

Should I be paid when training?

Answered 13 years and 7 months ago by Mr. Joseph M. Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Probably not.  First, you say you are a "subcontractor."  If you are indeed a "subcontractor," and by that I mean you have your own business and would meet the legal "test" for being an independent contractor, then you would not be an employee.  If you are not an employee, the payment arrangements depend on your "contract" with the other company.  However, from the limited amount of information you have provided, I doubt you are a "subcontractor" and I suspect you would legally be an employee of the company for which you are working.  If you are an employee of the company, the employer is required to pay you for any time you work. I suggest you contact the Tennessee Department of Labor.  The professionals there can assess your situation and give you a definitive answer. ... Read More
Probably not.  First, you say you are a "subcontractor."  If you are indeed a "subcontractor," and by that I mean you have your own... Read More

How do I get paid after leaving a job with little to no notice?

Answered 13 years and 8 months ago by attorney Arthur R. Ehrlich   |   1 Answer   |  Legal Topics: Employment
The typical law in most states is that the employer must pay you for the time you worked once your employment has ended within the next normal pay cycle.  So if you are paid every 2 weeks, you should get your last pay check at end of your last 2 week pay cycle.  This must be done regardless of your lack of notice when you left work Speak to an attorney if the company does not pay you... Read More
The typical law in most states is that the employer must pay you for the time you worked once your employment has ended within the next normal pay... Read More

is it illegal to make someone work 8+ hours a day without any break?

Answered 13 years and 8 months ago by Mr. Joseph M. Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Tennessee law requires an employer to provide employees with a 30 minute break whenever they are scheduled to work 6 hours or more, and the break cannot be in the first hour of work.
Tennessee law requires an employer to provide employees with a 30 minute break whenever they are scheduled to work 6 hours or more, and the break... Read More

when does employer have the right to change policy of vacation pay, without notifying the employee?And does employer have to have employee sign off?

Answered 13 years and 10 months ago by Mr. Joseph M. Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
First, there is no "law" which requires an employer to give employees vacation, paid or unpaid.  Vacation is a matter of either an agreement between the company and the employee or a company policy.  If the vacation is part of a written agreement or contract between the company and the employee, the company cannot change the terms without the consent of the employee.  However, if the vacation plan is simply a company policy, the company has the right to change the policy unilaterally without any notice to the employee. But, if the company has a policy that allows employees to take paid vacation, and the employee has earned the vacation but not taken it (called "accrued vacation")  the company may owe the employee compensation for the vacation the employee hasn't taken if the company changes the policy.  Stated differently, it may be a violation of the law for a company to tell a worker that it has changed its vacation policy without notice and will no longer pay for vacation the employee has already earned but not taken.... Read More
First, there is no "law" which requires an employer to give employees vacation, paid or unpaid.  Vacation is a matter of either an agreement... Read More
There may be a reason for asking for your password, but I am not sure why the supervisor would need it.  The bigger concern is that if the supervisor logs on for some improper reason using your name, then you may be at fault.  I would document the fact that you were asked and complied and do a cc to HR or the IT person so others know about this and approve of it... Read More
There may be a reason for asking for your password, but I am not sure why the supervisor would need it.  The bigger concern is that if the... Read More

I want to know if my employer is required to pay overtime when we work it.

Answered 13 years and 10 months ago by Mr. Joseph M. Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Well, nothing is ever easy in wage and hour law.  First, the fact you are on a "2 week pay period" doesn't really matter for purposes of overtime.  If you work more than 40 hours in a "work week," and you are not an exempt employee (which it certainly seems to me you are not), then you are entitled to be paid overtime for every hour over 40 which you work in that "work week."  However, a "work week" may not be from Sunday through Saturday, but could start and end on any day.  But an employer cannot change the "work week" to avoid the payment of overtime.  So, generally if your "work week" is from Sunday through Saturday, and you worked 55 hours in that work week, you would be entitled to overtime for the 15 hours over 40 in that work week. But, let's say the work week is from Sunday through Saturday and you work 38 hours through Friday, 10 hours on Saturday and 7 hours on Sunday for a total of 55 hours.  You've only worked 48 hours - 8 of which are overtime - during the work week, with 7 hours on Sunday being the first 7 hours of your next work week.  If the employer then has you stop working after another 25 hours, you have only worked 32 hours in the second work week and no overtime is due.... Read More
Well, nothing is ever easy in wage and hour law.  First, the fact you are on a "2 week pay period" doesn't really matter for purposes of... Read More

Transport America terminated my employment because my medical leave with them expired. Are they in the wrong??

Answered 13 years and 10 months ago by Mr. Joseph M. Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Under the FMLA, many employees (if their employer is subject to FMLA requirements) are entitled to up to 12 weeks of medical leave for treatment of their own serious health condition.  If the medical condition is diagnosed and can be treated in a way which permits the employee to return to week at a "date certain" sometime shortly after the 12 weeks of FMLA leave expires, the courts may require the employer to extend the leave (protect the employee's employment) for some reasonable additional period as an "accommodation" for the person's disability.  In your case, however, the leave period has expired, you have no diagnosis, your doctor will not release you to return to work, you cannot drive, and your employer has no idea when you might be able to return to work, if ever.  Under those circumstances your employer is probably entitled to terminate your employment and replace you.... Read More
Under the FMLA, many employees (if their employer is subject to FMLA requirements) are entitled to up to 12 weeks of medical leave for treatment of... Read More
Harassment itself, while reprehensible, is not illegal.  But,  If (and only when) harassment is a consequence of a "protected characteristic" such as the victim's race, color, creed, gender, national origin, age (if the victim is over 40), disability, military or veteran status, etc. or that is part of retaliation for the victim's exercise of rights protected by federal laws (e.g., to oppose or provide evidence in another person's discrimination case) it may be considered unlawful.  This is the motivation element of harassment     And then  . . .  harassment that meets the motivation test will only be considered legally significant if it either:  (1)  unreasonably interferes with your ability to perform your job; or (2) is so frequent, widespread, or otherwise pervasive in the workplace that it changes the workplace by becoming a regular part of the victim's working environment. This is the severity element. If you can show that the treatment you are suffering from meets both the motivational element and the severity element then you may have a case of unlawfully discriminatory harassment.  Keep in mind that you must file the EEOC charge not later than 180 days after the act of unlawfully discriminatory harassment to obtain a remedy for the act.... Read More
Harassment itself, while reprehensible, is not illegal.  But,  If (and only when) harassment is a consequence of a "protected... Read More
While under federal law an employer can require an employee to work 11 consecutive days, once you have worked 40 hours in a seven day pay period, the employer will be required to pay you 150% of your hourly rate for all hours worked above 40 hours.
While under federal law an employer can require an employee to work 11 consecutive days, once you have worked 40 hours in a seven day pay period, the... Read More

In Tennessee is it legal for an employer to automatically deduct the wages of an hourly employee for a lunch break that was not taken.

Answered 14 years and a month ago by Mr. Joseph M. Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Under Tennessee law, a private employer must provide each employee with a 30 minute rest/meal break when the employee is scheduled to work more than 6 hours except in environments were employees have "ample opportunity to rest or take an appropriate break."  The break is unpaid.  Your employer is apparently deducting the unpaid break time from your check, as they are entitled to do under the law.  If your employer requires you to work for the 6 hour period without a 30 minute break, then they are required to pay for the time worked, and may also be in violation of the law, but that depends on whether your work environment provides opportunities for rest or breaks without the 30 minute mandatory break and the other circumstances of your employment.... Read More
Under Tennessee law, a private employer must provide each employee with a 30 minute rest/meal break when the employee is scheduled to work more than... Read More
Actually, this is an interesting question.  Generally, a person may file for unemployment compensation in the state where he or she resides.  In your husband's case, I understand that is Tennessee.  If the state of Tennessee grants benefits, it may then be able to have those charged back against the employer's account in Ohio.  I would suggest he file in Tennessee. ... Read More
Actually, this is an interesting question.  Generally, a person may file for unemployment compensation in the state where he or she... Read More

what action do i take if employer will not pay me for the work i have done? tthey havent paid me since august 11, 2011

Answered 14 years and 6 months ago by Mr. Joseph M. Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Go to the Tennessee Department of Labor and report the situation.
Go to the Tennessee Department of Labor and report the situation.
Under the Fair Labor Standards Act (as well as under Tennessee's and most other states' wage payment laws) if you worked a shift your employer must pay you for it. It is the employer's obligation to make the record of the time you worked. If he has a problem making his time-keeping method, your recollection will control the issue. It will be especially helpful if you have a witness who can testify that they saw you working the shift. ... Read More
Under the Fair Labor Standards Act (as well as under Tennessee's and most other states' wage payment laws) if you worked a shift your employer must... Read More

My employer has not provided, in my opinion, adequate training and resources for me to do my job effectively. The work environment is stressful.

Answered 14 years and 7 months ago by Mr. Joseph M. Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
MS is  medical condition which substantially limits one or more major life activities, and you are probably protected under the Americans with Disabilities Act and its amendments.  You may also be protected under Tennessee law.  Whether your work environment is "hostile" within the legal definition depends on the facts of your individual case.  I suggest you clearly communicate your concerns, together with your request for specific additional training you believe you need, to your supervisor.  If that does not produce results, you might consider filing a complaint with whoever at your company is responsible for assuring compliance with federal and state antidiscrimination laws (or follow whatever internal complaint procedure is available).  If filing such a complaint doesn't get a sufficient response you may have to consider contacting the Tennessee Human Rights Commission or the Equal Employment Opportunity Commission.  The contact information for each should be posted at your workplace.... Read More
MS is  medical condition which substantially limits one or more major life activities, and you are probably protected under the Americans with... Read More

What is the best action to take with an employer in the state of Tennessee who refuses to give a 30 minute break when working 6 hours or more?

Answered 14 years and 8 months ago by Mr. Joseph M. Price (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Employment
Contact the Tennessee Department of Labor.
Contact the Tennessee Department of Labor.