Tennessee Employment Lawyer Blog

In Tennessee and all across the United States when employees take leave for a certain amount of time, they are typically informed about their rights before taking the leave and also told that if their position is no longer needed while they are on leave, they may return to a different position with equal pay or they may be let go. If you are in the military and you take leave to go to war or for a national emergency your reemployment rights are a bit different under the Uniformed Services Employment and Reemployment Rights Act or USERRA. If you or someone you care about is in the military and you have questions or concerns about these rights you should speak with a Tennessee USERRA employment lawyer right away. They will answer any questions you may have and help you with your case.

Under USERRA, employers are not allowed to discriminate against anyone serving in the armed forces or retaliate against them after they return from military leave. This act also obligates businesses to rehire or reemploy military employees when they return from military leave or duty whether they are active or inactive military employees. However, the employee must provide the business with advance notice before military leave unless it is not possible by military necessity, in order to qualify for rehire under USERRA. If a military employee protected under USERRA is seeking reemployment they must do so quickly.

If the time needed for the leave was less than thirty-one days, then USERRA requires that the employee return to the business or workplace the next working day after the leave. If the leave was for less than one hundred and eighty one days but more than thirty, the employee has fourteen days to seek reemployment. If the leave was for more than one hundred and eighty days, then the employee has ninety days to seek reemployment. If the employee is injured or suffering from an illness after their leave, then USERRA permits the employee to wait up to two years in order to recover before seeking reemployment. If an employee does not report or reapply within the required time period they do not automatically lose their entitlement to rights and benefits under USERRA. The business or place of work is still required to apply its general disciplinary rules or guidelines even if the military employee returning from leave does not meet the proper deadlines.

Some exceptions to these rights under USERRA include the combined time away from a job for military leave will not be covered if it is for more than five years. Also, if a business or workplace can provide proof that it is impossible or unreasonable to rehire the employee because it would place a burden on the business or if the position was only intended for a short time, then the business is not required to rehire the employee under USERRA.

Continue reading "Uniformed Services Employment and Reemployment Rights Act Offers Certain Reemployment Rights to Military Employees" »

Rick Piliponis was recently interviewed regarding cases where medical and pharmaceutical sales reps may be entitled to overtime pay. The Higgins Firm is pursuing these cases in Tennessee and throughout the nation. You can watch the interview here:

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For Tennessee workers and workers throughout the country, when you take a leave of absence from work your employment is usually not guaranteed and you may face termination if your position is no longer needed when you return or you may be moved to another position upon your return. However, the Uniformed Services Employment and Reemployment Rights Act or USERRA allows those employees taking military leave to return to their positions and does not allow them to be terminated by an employer for the first one hundred and eighty days or to be discriminated against by employees. If you or someone you love services in the military and you feel that you were unfairly terminated after your leave, then you should speak with a Tennessee employment lawyer about your USERRA rights. They will help you receive the compensation you deserve.

The USERRA also allows The President of the United States to extend protect under the act to others in times of war or a national emergency. This act provides protections such as not allowing discrimination from employers, requiring a company to rehire or return someone to their position or a similar position with seniority as if the person never left, and requires employers to maintain the employee’s health and other benefits while they are in the service. USERRA pertains to private employment as well as state and federal employment.
This act does not permit discrimination in the hiring, promotion, reemployment, or any other benefits of employment to employees who are serving in the military and take a leave of absence. This act also does not allow retaliation against these employees and will help anyone enforcing their rights under USERRA.

Continue reading "USERRA Allows Military Personnel to Take Leave without Employment Termination Risk " »

Tennessee workers and workers all across the United States work to support their families and their loved ones every day. Some people even work overtime so that they can make sure all the bills get paid or that there is enough food on the table. By law, when an employee works more than forty hours in one week, their employer is required to pay them time and a half for any overtime they work, unless they fall into a category that is exempt from this regulation. However, many companies find ways around this law and fail to pay their employees overtime. If you or someone you know has worked overtime hours but not received overtime pay, then you should talk with a Tennessee employment overtime pay lawyer. They will work with you and see that you get the compensation you deserve.

In this case, a federal court found in favor of the Quicken loan company in a lawsuit claiming that the company owed overtime pay back to former Quicken loan employees. The jury decided that the almost four hundred former Quicken employees seeking overtime were not just salespeople but also had additional responsibilities and this makes them ineligible for overtime pay. If the jury had found the employees just be salespeople than they would have qualified for the overtime pay according to federal law. The employees will receive nothing as a result of this verdict.

The attorney representing the former Quicken employees stated he would appeal certain parts of the verdict. He also states that his firm is still working on three other Quicken Loan overtime cases that are pending. These cases include more than one thousand workers.

Continue reading "Court Finds in Favor of Quicken Loan Company in Overtime pay Lawsuit" »

Tennessee workers and workers all across the country are putting in more hours at their workplace these days to help them feed and take care of their loved ones in these rough economic times. By law, employers are required to pay their workers time and a half for hours they work over forty in one week. However, too many companies and other places of business find ways around these laws or just fail to pay their workers overtime pay altogether. If you or someone you care about has worked overtime hours but not received overtime pay, then you should speak with a Tennessee overtime pay lawyer right away. They will help make sure you get the compensation you deserve.

In this case, a class action lawsuit that was filed last year claims that a health insurance company and its subsidiaries misclassified an estimated one hundred and thirty-three tech support workers has being exempt from receiving overtime pay. A federal judge in February preliminarily approved a settlement for these workers of $1.45 million. The judge is to decide on the final settlement approval in June. The spokesman for the health insurance company says, “The settlement does not indicate any wrongdoing, but allows the company to avoid the risks and significant expense of continued litigation."

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In Tennessee and all across the country, employees have the right to “blow the whistle” on an employer or company if they feel or suspect that the company may be engaging in illegal activities or harming the public in any way. These employees are protected by law against harassment for being the “whistle blower”. However, sometimes companies or employers find ways around these laws and harass or even fire their whistle-blowing employees. If you suspect harmful activity in your workplace and have blown the whistle and then have faced harassment or termination because of it, you should speak with a Tennessee employment whistle-blowing lawyer right away. They will hear your case and help make sure you receive the compensation you are entitled to.

In this case, a surgeon, Dr. Peter Horneffer, brought information to the management of the medical center for many years regarding the business practices of the medical center and other companies, which he believed were unethical as well as illegal in nature. Now, Horneffer, who has been an employee of the medical center since 2008, has filed a lawsuit against the medical center claiming the medical center has harassed, threatened, and discriminated against him for blowing the whistle about their business practices. The lawsuit goes on to claim that the medical center referred patients away from him and to other medical groups that he was not a part of.

The lawsuit also alleges that Horneffer was told that no one would discuss the business practices with him and not to bring them up. He was also asked to sign a nondisclosure statement about this conversation. Horneffer did not sign the statement. The lawsuit is seeking double back pay from January 1, 2001 to the present. These damages include lost wages. The lawsuit is also seeking compensatory damages, punitive damages and attorney fees.

Continue reading "Surgeon Files Lawsuit against Medical Center over whistle-blowing 'harassment'" »