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Employment Law/Questions Answered by Expert Jason Barnette
| Subject | Date Asked |
| company gave my sister's paycheck to someone else | 3/22/2010 |
| Q: my sister lives in Tennessee and worked at a taco bell. she got in trouble and is now in jail. her ... A: Jesse: Your sister needs to file a criminal complaint with the District Attorney's Office in the ... | |
| compensation | 2/23/2010 |
| Q: I work at a preschool, and I am constantly REQUIRED to work above the 40 hr work week. I do not get ... A: Vec: Probably. That is to say it is likely permissible since you're technically a salaried ... | |
| Unethical and unjustified HR behavior | 2/4/2010 |
| Q: Good day. I am needing advise. I worked for Lowes in Jackson TN. During this time, HR and upper ... A: Mr. Escue: They are only legally permitted to say you worked there, nothing more. Beyond that, you ... | |
| Termination | 1/28/2010 |
| Q: After 3 years of working for a well known freight company in Memphis, TN. A month before he was ... A: Karen: Unfortunately, there is not much that can be done unless your son is a minority or disabled. ... | |
| What is "just cause" | 1/21/2010 |
| Q: Tennessee is an "at will" state however, my employer is a "with just cause" employer. They rolled ... A: Sharon: Essentially, yes, they are are the determiner of just cause. Moreover, your due process ... | |
| paychecks bounce | 11/16/2009 |
| Q: I live in TN, but telecommute for a MD private, non-profit. I am a contractor/1099 employee. While ... A: Cara: You could sue them here in Tennessee for breach of contract. That would be the simplest ... | |
| human resource comments | 10/29/2009 |
| Q: I was told by my human resource director that my union was wrong for not doing anything for me if i ... A: Joe: If can file a complaint with the EEOC or your state's Human Rights Commission if you're a ... | |
| harassment | 10/6/2009 |
| Q: Can you sue your employer for giving you a demotion for a standard or policy that they do not ... A: Tyshonda: Yes, provided that you are a member of a protected class under state and federal law; ... | |
| Slander/Harrassment from new management | 10/4/2009 |
| Q: My boyfriend and I worked in a restaurant in Tennessee. We were both servers and helped open the ... A: Melissa: Well, you have several options. First, you could sue the franchise for defamation. ... | |
| workmans comp insurance | 9/17/2009 |
| Q: recently my husbands boss told him he would pay him half on payroll and half in cash to make him ... A: Barbara: In short, no it isn't legal. Your husband must report all income received whether or not ... | |
| EEO Complaints | 9/4/2009 |
| Q: I am a federal government manager. An employee files eeo complaints one after another. Senior ... A: Richard: Your in house counsel is correct. Essentially, all you could do is file a civil action ... | |
| wrongful termination | 9/4/2009 |
| Q: My fiance was fired from his job that he has held for 18 1/2 years. He started of in the lot and ... A: Yvonne: If your fiance is a member of a protected class; i.e., a minority, over the age of 40, ... | |
| harrasment in work place/age discrimination | 9/3/2009 |
| Q: I feel that I am being targeted as a second person to be left go by our company in as many weeks, ... A: Karen: I would advise you to consult with an attorney in PA. Go to the National Employment Lawyers ... | |
| slander/defamation | 9/1/2009 |
| Q: i was recently not extended a new four year contract as an asst. principal at an elementary school. ... A: Angie: Absolutely insofar as you have actionable claims for slander and tortious interference of ... | |
| Forced out of a Job | 8/31/2009 |
| Q: My previous employer gave me an ultimatum to either hit a higher goal (unattainable in my ... A: Stephan: Perhaps but, it would depend on whether you are a member of a protected class under the ... | |
| return to work | 8/30/2009 |
| Q: my doctor gave me a return to work date after my surgery. is it legal for my work to call them and ... A: David: You essentially have two options: 1) return to work; or, 2) do not return and see how it ... | |
| return to work | 8/28/2009 |
| Q: my doctor gave me a return to work date after my surgery. is it legal for my work to call them and ... A: David: In short, no. They cannot demand what your physician prescribes in terms of your return to ... | |
| gas drive offs | 8/27/2009 |
| Q: can my employer ( sparkys ) Al's oil co. keep charging me for gas drive offs ? its a common thing ... A: Richard: Your best option is probably to simply file a civil action in your jurisdictions "small ... | |
| Vacation during Busy Season | 8/26/2009 |
| Q: Our company is in the state of Michigan. If put into writing, can we require that employees take no ... A: Christine: My inclination is yes, it would be permissible so long as it does not violate any ... | |
| let go | 8/24/2009 |
| Q: I was recently let go from a job that i was salary. The store was closing and i was promised a ... A: Matt: Unless you were terminated for a discriminatory reason, there is very little that can be ... | |
| tardiness | 8/19/2009 |
| Q: At our company we have about 35 employees. We use a timeclock for punching in & out. Every Wednesday ... A: Tina: No, your employer should not do this. Insofar as you are a female, you are a member of a ... | |
| Time Clocks.... | 8/17/2009 |
| Q: What is the law for a company who moves their salary employees to hourly and do not provide them ... A: David: I doubt this is a violation of state or federal law "if" there is no issue with employment ... | |
Employment Law
Answers by Expert:
Jason Barnette
Top Expert on this page
Expertise
Issues arising under the Tennessee Human Rights Act, the EEOA regulations, and ADA provisions; i.e., employment discrimination issues.
Experience
Attorney - Barnette Law Offices, LLC
Focus upon employment discrimination claims
Education/Credentials
Juris Doctor - 2006
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