Tennessee Employment Legal Questions

I am sorry that happened to you.  I do not see a question. However, Tennessee is an employment-at-will state and you can be terminated at any time for any reason. In general, an employer is not required to allow you time off for hospitalization or any other health reason unless you qualify for FMLA or, in rare cases, are covered by the Americans With Disabilities Act and time off is required under that law as a reasonable accommodation. ... Read More

I do not really see a question here. However, the employee handbook is designed to protect the employer; not the employee.  The law allows the employer to change the handbook at will and you are bound by whatever changes the employer makes as Tennessee is an employment-at-will state.  The purpose of having you sign or initial is simply to show that you read it and acknowleged it as it existed at that time. ... Read More

Yes. This is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination.... Read More

This is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination. If you are fired, and you can prove that it is your sincerely held religious belief that you should not work on Christmas Eve, you might have a claim for failure to accomodate your religious belief.  However, if the employer can show that accomodating your request to be off on Christmas Eve is more than a minor matter, it will be able to successfully defend.   Bottom line, most folks in the Christian tradition do not want to work on Christmas Eve.  However, it will be a rare occasion where the employer violates the law by requireing someone to work Christmas Eve. ... Read More

Yes. Your employer can require you to work on a scheduled day off and fire you if you do not work that day. This is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination.... Read More

Title VII of the Civil Rights Act prohibits discrimination on the basis of religion.  However, Title VII provides a specific exemption for religious organizations.  Without further research, which would be needed, I would say that the pre-school is exempt from the religious discrimination portions of Title VII.  If so, then your wife could be lawfully fired for any matter related to religion. ... Read More

The suit would be against the company, not the employee if you feel you have been the subject of illegal discrimination, you should speak with an attorney that handles these cases I do not. I can tell you that harass is not necessarily illegal discrimination. Not all discrimination is illegal.... Read More

your employer should have paid you as soon as they discovered the problem, and settled up with the other employee however they wished. I do not know what this means: just paid me out of the money in a till. Therefore I can not address that part of your question. If you are saying they paid you in cash, there is nothing illegal about that. I know of no remedy you now have against your employer or the bank, now that you have been paid.... Read More

The other employee forged your check, and by that committed a criminal act. Your employer was negligent, as was the bank that negotiated the check without confirming the endorsement. However, because you have been reimbursed, you have no damages and therefore no complaints against either the bank or your employer. The other employee, who got and improperly negotiated the check, has a potential of being prosecuted by the state.... Read More

Assuming you do not work for a unionized employer which has a labor agreement specifying job classifications, an employer has a right to assign you to do any work for which you are qualified.  Your pay does not depend on you doing a particular job.  You are paid to work, and if you're assigned to do more than one type of job during your work hours, you are required to do that.  ... Read More

I can certainly understand your situation.  I teach at one of our local universities under the same circumstances.  Unfortunately, as an adjunct you are not a member of the staff eligible to recieve benefits, and I'm well aware that the compensation paid adjuncts is extremely low despite the fact many adjuncts are at least as qualified to teach theri classes as are tenured professors.  I do not believe there is any provision in Tennessee law which restricts the length of time a college or university may employ a person as an adjunct.... Read More