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 2
Do you have any Tennessee Employment questions page 2 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

If your FMLA rights were violated, you would have a claim under the FMLA.  I cannot tell from these facts for certain, but it would appear that you might have a claim.  I suggest you consult with an experienced employment attorney as soon as possible.
If your FMLA rights were violated, you would have a claim under the FMLA.  I cannot tell from these facts for certain, but it would appear that... Read More
We are an employment-at-will state in Tennessee where you can be fired for good reason, bad reason or no reason at all.  However, there are some complex state and federal laws that may make your termiation unlawful.  You should consult with an experienced employment attorney as soon as possible.... Read More
We are an employment-at-will state in Tennessee where you can be fired for good reason, bad reason or no reason at all.  However, there are some... Read More

Can I sue my employer for a hostile work environment and workers comp

Answered 8 years and 8 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
There is a difference between what a lay person would call a "hostile environment" and what the law prohibits.  It certainly sounds like your managers and the customer are hostile. However, an unlawful "hostile environment" is one that is created and directed to you because of one of the following: race, color, sex, national origin, religion, disability or age 40 or older.  If one of these seven protected classes are the reason for the hostile environment, then you can file a legal claim with the EEOC or the Tennessee Human Rights Commission (THRC).  If not, there is no employment law that woudl prohibit this. Even so, if you are injured at work, you will usually be entitled to workers compensation. I recommend speaking to a workers compensation attorney near you. Also, if you are physically assaulted, you can contact law enforcement.... Read More
There is a difference between what a lay person would call a "hostile environment" and what the law prohibits.  It certainly sounds like your... Read More
You may have a claim for unpaid wages.  You may have a claim for harassment.  No way to determine with these facts.  Consult with an experienced employment attorney.
You may have a claim for unpaid wages.  You may have a claim for harassment.  No way to determine with these facts.  Consult with an... Read More
Wage and Hour law can be complex. However, in general, if they are requiring you to go to court for work, then you should be paid.  I recommend you do not post in public like this with your name and your employer as these things can come back to you. Speak to an employment attorney who handles wage and hour claims soon.... Read More
Wage and Hour law can be complex. However, in general, if they are requiring you to go to court for work, then you should be paid.  I recommend... Read More
They can fire you for that, btu it almost certainly violates the law.  Speak to an employment attorney immediately.
They can fire you for that, btu it almost certainly violates the law.  Speak to an employment attorney immediately.
Employment law is complex and federal employment law even more so.  She needs to speak directly to an employment attorney who handles federal employee claims.
Employment law is complex and federal employment law even more so.  She needs to speak directly to an employment attorney who handles federal... Read More
FMLA is the only protection you have for termination due to absences caused by a health reason.  In rare, circumstances you might be able to argue for protection under the ADA if you have a disability or another discrimination statute if you believe others employees were allow more time off than you.  Again, those are rare claims and usually the employer is within its legal rights to fire you once FMLA runs out.... Read More
FMLA is the only protection you have for termination due to absences caused by a health reason.  In rare, circumstances you might be able to... Read More
There is no law that specifically "protects" a single mother in this situation.  There are sex discrimination laws that would prohibit a single mother from being treated differently than a single father.  Potentially there could be broader protection to protect the single mother from being treated differently than any male, a married female or a single femal with no children.  If you had childcare obligations that made you unavailabel to work the expected shifts, there may be no legal claim. However, these are fact intenstive determinations and you will probably want to consult directly with an experienced employment attorney about that.  ... Read More
There is no law that specifically "protects" a single mother in this situation.  There are sex discrimination laws that would prohibit a single... Read More

Can I sue my current employer for refusing to pay me the hourly wage I was promised?

Answered 8 years and 9 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
There is no wage law in Tennessee that addresses this situation. However, there may be a very good claim for detrimental reliance/promissory estoppel.  Consult with an experienced employment attorney as soon as possible.
There is no wage law in Tennessee that addresses this situation. However, there may be a very good claim for detrimental reliance/promissory... Read More
I recommend you speak to an experienced employment attorney as soon as possible. There may be a small consulation fee, but it will be well worth it.  Keep in mind that we cannot solict your business on Lawyers.com and you have to reach out to the attorney.  You can also use the Find A Lawyer feature a the top of this page.... Read More
I recommend you speak to an experienced employment attorney as soon as possible. There may be a small consulation fee, but it will be well worth... Read More

Landscape company does not provide water.

Answered 8 years and 9 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
You, or others could be seriously injured is you do not have access to water.  Contact federal OSHA or Tennessee OSHA (TOSHA) as quickly as possible.  You can also file on line with TOSHA.  Go to this site and scroll to the bottom:  https://www.tn.gov/workforce/section/tosha... Read More
You, or others could be seriously injured is you do not have access to water.  Contact federal OSHA or Tennessee OSHA (TOSHA) as quickly as... Read More

Are moving companies required to pay overtime?

Answered 8 years and 9 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
There is a "motor carrier exemption" in the law that lets certain frieght and hauling company avoid overtime. You will need to set a consultation with an experienced employment attorney who handles wage and hour claims to see if your employment is covered by the exemption.
There is a "motor carrier exemption" in the law that lets certain frieght and hauling company avoid overtime. You will need to set a consultation... Read More
Yes.  Tennessee is an employment-at-will state where an employee can be fired for good reason, bad reason or no reason at all. Most disciplinary documents indicate at the bottom that the signature acknowleges receipt of the document (not that you agree with the document).  If not, then I recommend you write that in below your signature if you disagree with what is stated in the document.... Read More
Yes.  Tennessee is an employment-at-will state where an employee can be fired for good reason, bad reason or no reason at all. Most disciplinary... Read More

An employers mandate Ovt TyTy

Answered 8 years and 9 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Not sure about your question.  Howver, if you are asking whether an employer can mandate overtime, the answer is: yes.
Not sure about your question.  Howver, if you are asking whether an employer can mandate overtime, the answer is: yes.
If the reason you were released was due to unlawful discrimination (race, color, sex, national origin, etc.) then you may have a claim and should consult with an experienced employment attorney.
If the reason you were released was due to unlawful discrimination (race, color, sex, national origin, etc.) then you may have a claim and should... Read More

false sexual accusation

Answered 8 years and 10 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Tennessee is an employment-at-will state where you can be fired for good reason, bad reason or no reason at all.  If the only motivation to fire you is a false claim of sexual harassment, then if would be unfair, but not unlawful. You should set a consultation with an experienced employment attorney if you want to explore the types of reasons that are unlawful. You might have a defamation claim against the person who made the false claim.... Read More
Tennessee is an employment-at-will state where you can be fired for good reason, bad reason or no reason at all.  If the only motivation to fire... Read More

Sexual Harassment Against A Man In Work Place

Answered 8 years and 10 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Hard to tell from these facts only, but, yes, you potentially have a claim. However, it is very important that you do not quit until you have consulted with an experienced employment attorney.  Attorneys are not allowed to solict you, so you must reach out directly to the attorney of your choice to set a consulatation.... Read More
Hard to tell from these facts only, but, yes, you potentially have a claim. However, it is very important that you do not quit until you have... Read More
Tennessee is an employment-at-will state where you can be terminated for good reason, bad reason or no reason at all.  To file a claim for wrongful termination, you must show that you were terminated due to unlawful discrimination or unlawful retaliation.  I do not see either in these facts.  However, you should set a consultation with an experienced employment attorney to discuss if there are more facts you are aware of that would support either unlawful motive or if you want to discuss further.  Keep in mind that the attorneys on lawyers.com are not allowed to solicit your business so you should contact them to set a consultation.... Read More
Tennessee is an employment-at-will state where you can be terminated for good reason, bad reason or no reason at all.  To file a claim for... Read More

Can you be fired for having a diagnosed illness of depression and anxiety from your job?

Answered 8 years and 11 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Yes, in Tennessee you can be fired for good reason, bad reason or no reason at all.  You may have a legal claim for wrongful firing if there was an unlawful motive for the firing.  If you were fired only because you suffered from depression and anxiety, then you would have a claim for wrongful firing. However, if you were fired because you had a "blow up" at work, then you might not have a claim.  I think you really should set a consultation with an experienced employment attorney to discuss fully. Keep in mind that attorneys on Lawyers.com are not allowed to solicit your business so you will need to reach out to them.... Read More
Yes, in Tennessee you can be fired for good reason, bad reason or no reason at all.  You may have a legal claim for wrongful firing if there was... Read More
Tennessee is an employment-at-will and you can be fired for good reason, bad reason or no reason at all.  You can only file a legal claim if you can show there is an unlawful reason for the termination. If your employer is truly defaming you (whch is a complex analysis), then you may be able to sue.... Read More
Tennessee is an employment-at-will and you can be fired for good reason, bad reason or no reason at all.  You can only file a legal claim if you... Read More

Can you be terminated because you post on social media while on your break?

Answered 8 years and 11 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Yes. Tennessee is an employment-at-will state in which an employee can be fired at any time for any reason.
Yes. Tennessee is an employment-at-will state in which an employee can be fired at any time for any reason.

Husband let go

Answered 8 years and 11 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
Hi, the Ask a Lawyer feature allows folks to post questions for lawyers to respond to.  Did you have a question?
Hi, the Ask a Lawyer feature allows folks to post questions for lawyers to respond to.  Did you have a question?

What Can I Do Before It's Too Late?

Answered 8 years and 11 months ago by attorney Kirk J. Angel   |   1 Answer   |  Legal Topics: Employment
I recommend contacting Tennessee OSHA or U.S. OSHA.  You can google those to find contact information.
I recommend contacting Tennessee OSHA or U.S. OSHA.  You can google those to find contact information.
Yes in most cases. There would be a couple of limited exceptions based on the type of employment (union covered, govermental, written employment contract etc.).
Yes in most cases. There would be a couple of limited exceptions based on the type of employment (union covered, govermental, written employment... Read More