Tennessee Employment Lawyer Blog

Tennessee workers and workers all across the United States have emergencies and situations that come up with their health or the health of their family members. During these times, many workers request Family Medical Leave. Most of the time, these employees expect that when they return to work after their leave, they will still have their job and be able to get back to work. Unfortunately, sometimes, this is not always the case. If you or someone you care about took Family Medical Leave and then think you were discriminated against or fired unfairly, then you should contact a Tennessee employment and FMLA lawyer right away. They will review your case and work with you to make sure you get the compensation you deserve.

In this case, two employees and one former employee who were all related filed a federal lawsuit against city officials alleging that the officials retaliated against them for taking Family Medical Leave under Family Medical Leave Act. According to the lawsuit, city electric department employees Edward Poindexter and Bobby Poindexter, and Margaret D. Poindexter filed this lawsuit because they claim that they were overlooked for promotions to a crew leader position because they took family medical leave when their mother needed to have hip surgery on March 11, 2010. Also, according to the lawsuit, both brothers were qualified for the promotion.

The lawsuit goes on to claim that City Manager Bill Baker and City Clerk Dianna Davis criticized them in public and accused them of abusing the Family Medical Leave Act. The lawsuit is also alleging retaliation against Margaret D. Poindexter because the city clerk demoted her when and transferred her to another department, and then she experienced a hostile work environment. The lawsuit is seeking that her resignation should be considered a constructive discharge due to the working environment. It also seeks a jury trial for lost wages, bonus, employment benefits and attorney fees.

Continue reading "Employees that Took Family Medical Leave File Lawsuit against City Claiming Retaliation" »

One of the most common overtime violations we see arises when an employer believes they can escape paying overtime by paying a salary. Unfortunately, many workers also believe this misconception. Put simply it is now how you are paid that determines if you are legally entitled to overtime but it is what you do.

In general unless you are exempt from overtime under the Fair Labor Standards Act (flsa) you are entitled to overtime pay when you work over 40 hours in a week. There are several exceptions but the most common exception is if you are a manager. This does not mean you are called a manager but that you act like a manager and have the authority of a manager. If you do not have manager authority you are likely entitled to overtime pay. This law applies not only to Tennessee but it is a federal law so it applies to all 50 states.

Continue reading "Some Tennessee Employers try to Escape Overtime by Paying a Salary" »

The Tennessee Workers Compensation system is a "no fault system". In other words, sometimes accidents simply happen and if you are injured during the course and scope of your employment you should receive work comp benefits. These benefits are there to help employees get back to work and to provide income while they heal.

Unfortunately, one trend we are seeing more and more involves employers denying claims because of "misconduct" or "safety violations". These two defenses do have a place in the Tenn work comp system but they are generally reserved for flagrant violations such as an injury occuring because of intoxication or an employee intentiollay violating a crucial safety rule. It seems that employers, however, are now trying to blur the line between a simple accident and an intentional wrongful act.

Continue reading "Fault is not to be considered in most Tennessee Workers Compensation Cases" »

Tennessee residents and people all across the country work hard for their money and when they put in overtime they expect to be paid properly for the time they work. However, many times companies and other people will find ways around paying employees the overtime they are entitled to by law. If you or someone you love feels that you deserve overtime pay and did not receive it, you should talk to a Tennessee employment overtime pay lawyer right away. They will hear your case and make sure you get the compensation you deserve for the hours you have worked.

According to this case, Robert De Niro and his wife Grace Hightower were accused by their former nanny Alexis Barry of not paying her for more than seven hundred and fifty hours of overtime. The lawsuit claims that Barry started working for the celebrity couple in August of 2006 at a pay rate of $31.25 an hour and $46.88 an hour for overtime to take care of their son. Barry is claiming that De Niro and Hightower failed to pay her for overtime or for $496 in expenses. Barry was fired in 2007, after informing the couple that she was quitting.
Robert De Niro and Grace Hightower will pay Alexis Barry, the former nanny, $30,000 to settle the lawsuit. The terms of the settlement as well as any matter related to Barry’s employment are to be kept confidential according to the court.

Continue reading "Robert De Niro Pays $30,000 to Former Nanny in Overtime Pay Lawsuit" »

Tennessee employees and employees throughout the country deserve to be treated with respect and to be treated equally by their employers. It is against the law to discriminate against anyone because of their gender, race, sexual orientation, disability, or even their weight. Unfortunately, many companies discriminate against their employees based on these classes all too often. If you or someone you love feels like they have been unfairly discriminated against at work due to gender, race, and disability or for another reason, then you should talk with a Tennessee employment discrimination lawyer right away. They will hear your case and make sure you get the compensation you deserve by law.

According to this lawsuit, a senior human resource manager with the Toshiba Company filed a lawsuit claiming that a U.S. unit of the Japanese company has a gender bias against women concerning pay and promotions. The lawsuit states that Elaine Cyphers alleges that the company pays women lower salaries and bonuses than men who do similar work. She also claims that the company leads women into lower positions and favors men for the promotions.

According to Cyphers, “only 3.4 percent of Toshiba’s 6,273 managers throughout the world are women even though the company created a “Gender Equality Office” six years earlier.” Cyphers also says that she has been a human resources manager at Toshiba America Nuclear Energy Corporation as well as the highest ranking U.S. employee at that unit. She states she was received $90,000 to $91,800 between 2008 and 2009 while men employed in similar positions received $120,000 a year.

The lawsuit is seeking class action status on behalf of all the current and former Toshiba female employees in the U.S. Cyphers was hired at Toshiba in 2008 after working in human resources for a quarter of a century. Cyphers stated that not long after she was hired, the company promoted a male employee with less experience to a position above her.

Continue reading "Toshiba Facing $100 Million Lawsuit for Gender Bias" »