Answers Posted By James Becker, Jr.

Answer to Lunch break and timecards

I am unclear about your actual question. An employer is obligated to pay you for the hours you work. If the employer takes a deduction from your wages for a lunch that you do not take, then that is illegal. If the employer forces you to work off-the-clock, that is also illegal. If the employer is deducting from your wages for time you did work, then that is illegal and you need to talk to a lawyer about recovering your unpaid wages.

posted Aug 10, 2017 1:47 PM [EST]

Answer to Our company sold the apartment community I work at December 1 2016. My boss call the HR department beginning of January and they told us our policy was still in effect and they get to it whenever they canceled it. I just called the insurance company and f

I would first contact the employer directly rather than through an intermediary. It is a COBRA violation to not send you timely notice of your election rights and the employer may be liable for a statutory penalty for failing to provide that notice.

posted Feb 9, 2017 08:42 AM [EST]

Answer to I received a separation notice in from my employer. It has the wrong name on it, but I'm terminated in the system. Is my employer required to rehire me?

If your employer terminated your employment, your employment is terminated. Putting the wrong "legal name" on the separation notice does not change the fact of the termination.

posted Jan 17, 2017 10:05 AM [EST]

Answer to I was terminated by my company because my position was eliminated. Do I have any legal recourse?

As a general rule of thumb in Tennessee, an employer can eliminate your position without being liable for the job loss. An employer can also ask you to sign a release in order to get unpaid vacation unless (and this is very important) that unpaid vacation is accrued and not subject to any sort of forfeiture. If it is accrued (meaning that you have earned it according to whatever schedule the company has) and it is not forfeited (meaning , looking at the policy concerning use and/or loss of same), then that vacation time is an element of wages and the employer must pay it according to the schedule set out in the Tennessee Code Annotated for paying final wages.

posted Jan 11, 2017 2:43 PM [EST]

Answer to Dear Mel: Is it legal for an employer or company to dock an employee a half a day for being 1 minute late?

Generally, an employer must pay you for the hours that you work. Depending on your rate of pay, it may also be a violation of federal wage and hour law if this causes your wages to fall below minimum wage.

posted Aug 15, 2016 09:04 AM [EST]

Answer to Took medical leave for tkr boss wont let me come back what can i do?

If your employer was covered by the Family and Medical Leave Act and you were an eligible employee, your position was protected for 12 weeks. There are a lot of other facts which will come to bear on this situation, so you really need to consult an attorney to learn more about your rights and responsibilities.

posted Oct 28, 2015 12:08 PM [EST]

Answer to Is it legal for a boss to ask you to return to work full time even if your surgeon says no?

It depends on the nature of your leave. If the leave is pursuant to the Family and Medical Leave Act (FMLA), then you don't have to return to work. Similarly, if the leave is pursuant to a worker's compensation (WC) leave, then you do not have to return early.

The employer can always ask the question, the issue is with what you need to do in response and the consequences of your decision. If the leave is unprotected, then the employer can take an adverse action against you for not returning early. However, if the leave is protected (by either FMLA or WC), then it is illegal for the employer to take an adverse action against you for not returning early.

posted Oct 1, 2015 06:24 AM [EST]

Answer to if I only work 6 hours am I forced to take a lunch break

In Tennessee, as a matter of law an employer is obligated to give you a 30 minute break if you work 6 hours. However, this is not the same as them automatically deducting that amount of time if you did not take the break. If this is something that happens regularly, or if it happens to everyone in your position, this is something that you need to discuss with a lawyer.

posted Sep 1, 2015 2:03 PM [EST]

Answer to on Saturday I had a accident at work, I been with this company 41 years and I drive a tow mow and she walk behind be as I was backing up and it hit her. my drug test was negative. Monday they told me I was suspended off the tow mow for 2 week. Now they te

Thank you for your posting, unfortunately, it is nearly impossible to adequately provide any sort of answer. However, I may be able to provide some sort of guidance.

Initially, it is impossible to provide an adequate answer because I do not know by whom you were employed, what the current adverse job action is (beyond the suspension) nor any sort of context for the event. Each of these bears directly upon any answer I could give.

That being the case, you are going to generally look to see if there is any form of unlawful discrimination or retaliation. Tennessee is an at-will state, which means that you can suffer an adverse job action for any reason that is not illegal - even if it is morally wrong. If you are an employee of a governmental entity, you may have some additional civil service rights that need to be explored also.

I would advise you to sit down with an attorney to spend time discussing these issues. There are a lot of background facts that need to be understood in order to provide any sort of meaningful guidance.

posted Jul 29, 2015 07:18 AM [EST]

Answer to Does a non-compete under New York law apply in all states?

A noncompetition agreement can be enforced in Tennessee if it is reasonable. A lot will depend on the language of the noncompete, what you did and knew and what you are receiving in exchange for signing the agreement. In order to get any more conclusive answer as to the agreement's enforceability, you will need to sit down with a lawyer and the noncompete agreement.

posted Oct 5, 2009 09:06 AM [EST]

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