MEMPHIS LABOR AND EMPLOYMENT LAWYER

Tennessee is an “at-will” state, meaning your employer in most situations can hire, fire, suspend, or demote any employee at any time. However, your employer may not discriminate against you based on race, sex, age, religion, color, national origin, or disability. Below are additional rights afforded to employees by federal and state laws:

• Breaks and meal periods — Under Tennessee law, any employee scheduled to work for six consecutive hours must be allowed a 30-minute meal or rest period except in workplace environments that naturally allow for opportunities to rest.
• Medical leave — According to The Family Medical Leave Act (FMLA), eligible employees who work for covered employers have the right to take unpaid, job-protected leave for specified family and medical reasons.
• Equal pay — Men and women working the same job with the same comparable skill, effort, and responsibility must be paid the same amount.
• Workers compensation — Tennessee workers who suffer injury on the job are entitled to worker’s compensation if their company is covered.

Were you recently disciplined at work? Do you believe your employer was retaliating against you for an unlawful reason? If so, you may be able to file a civil suit against him or her. It is illegal for an employer to demote, discipline, fire, reduce pay, or reassign an employee engaging in legally protected activities. Furthermore, under The Tennessee Occupational Safety and Health Act of 1972 (TOSHA Act), it is unlawful for an employer to retaliate against you for making safety or health complaints, or for requesting an inspection from the Tennessee Division of Occupational Safety and Health (TOSHA). Keep in mind that TOSHA only accepts cases reported within thirty days of the alleged discriminatory action.

There are no provisions in Tennessee law that address overtime. However, under the Fair Labor Standards Act, employees must receive overtime pay of at least 1.5 times the employee's regular rate of pay if they work more than 40 hours per week. Overtime pay is not required on Saturdays, Sundays, holidays, or regular days of rest unless you work overtime hours on those days.

The moment you suspect your employee rights have been violated, you should contact an attorney. As time passes, you may forget the details about your case and eventually, if you wait too long, you may be barred from filing a claim. You should seek experienced counsel in the following circumstances:

• Your employer disciplines you after you report a wage disparity — If you discover a wage disparity based on sex, race, religion, or other discriminatory factors, a lawyer can help you file a civil case against your employer.
• After filing for worker’s compensation, you are demoted — If your employer has insurance, and you suffer injury on the job, you have a right to file a worker’s compensation claim. It is unlawful for your employer to discipline you for exercising your right.
• Your employer tells you he/she has to let you go because you’re too old — Under The Age Discrimination in Employment Act (ADEA){: target="_blank"}, workers 40 years of age or older are protected against age discrimination in relation to hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, and any other condition of employment.

At Morgan & Morgan, our experienced labor law attorneys take great pride in protecting your rights as a Tennessee employee. Whether you are a victim of workplace discrimination or need help filing a workers compensation claim, our lawyers are ready to provide you with competent counsel. For more information and to speak to a skilled lawyer about your case, contact us online by filling out a free case review form.