Tennessee Employment Lawyer Blog

In Tennessee and all across the country it is against the Americans with Disabilities Act not to hire an employee because of a disability. However, many companies and businesses still find ways around this law and discriminate against employees with disabilities by not hiring them or not making reasonable accommodations for them. If you or someone you care about has been discriminated against at the workplace due to a disability, then you should speak with a Tennessee employment ADA lawyer right away. They will work with you to make sure you get the compensation you are entitled to for the discrimination you have suffered.

In this case, the U.S. Equal Employment Opportunity Commission or EEOC filed a lawsuit against Tyson Foods Inc in May of 2010, claiming that the company failed to hire Mark White for a maintenance position because he had epilepsy. The EEOC claimed that when Tyson refused to hire White that they violated the Americans with Disabilities Act or ADA.

The lawsuit claims that White’s epilepsy was controlled by medication and had been for the last twelve years and that he had been a previous employee for Tyson two times during this period. The Tyson Company introduced a new medical assessment procedure since the last the last time they hired White and they refused to hire him again because he failed to pass a medical evaluation required for applicants with epilepsy in order to determine whether or not he could safely perform the job.

According to the lawsuit, the doctor who performed the evaluation did not examine White but relied on outdated medical research to determine that he could not safely perform the job. During this time, Tyson also employed other employees with epilepsy who were grandfathered in.

Tyson Foods Inc has agreed to pay $35,000 to settle the disability discrimination lawsuit. In addition to paying the $35,000, Tyson agreed to introduce a new assessment procedure for similar cases. This means that an applicant who is disqualified from Tyson’s employment because of the medical assessment will have the right to a second medical assessment at the applicant’s expense. An independent and third medical assessment will also be made for any applicant not hired after the second assessment. The settlement also provides injunctive relief, including training to individuals involved in the assessment procedure, as well as posting notices for employees and complying with and reporting to the EEOC.

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Tennessee employees and employees all across the United States work hard for their pay and many employees work long hours in order to receive overtime pay so that they can support their loved ones. Unfortunately, many companies and businesses still find reasons not to pay their employees the overtime pay they are entitled to by law. If you or someone you work with has worked overtime hours but failed to receive overtime pay, then you should talk with a Tennessee employment overtime pay lawyer right away.

In this lawsuit, TruGreen a lawn care company based in Memphis, Tennessee is being accused by more than 10,000 of its employees for underpaying its staff. The workers claim that they were not properly paid for overtime and that sometimes the company even paid them less than minimum wage.

The TruGreen company said in a statement that, “As a matter of company policy, we do not discuss the details of pending litigation, and we look forward to responding to this case through the legal process." The lawsuit is seeking collective action status under the Fair Labor Standards Act which would mean that others could join the lawsuit. The lawsuit is also seeking three years of back pay and penalties for workers nationwide. According to the lawsuit, the company has recently changed its payroll practices. However, it is unclear if this is due to the fact that the violated the law or for another reason.

Continue reading "Lawn Care Workers File Federal Lawsuit Over Overtime Pay" »

In Tennessee and in several other states all over the United States, workers’ compensation claims can be difficult and time consuming, however, sometimes deciding if you do in fact need a Tennessee Workers’ Compensation attorney and choosing the right one can be even more difficult and even confusing for many employees. As with any process though there are questions to ask yourself and I will discuss what these questions are and then how to go about choosing an attorney that is right for you if it is determined that you do need one.

When you have been injured while on the job and are deciding whether or not to hire an attorney, you need to determine if any of these are true of your injury:
• Your work-related injury is severe enough that you need surgery
• Your work-related injury is moderate to severe (If you or your doctor determine that your health will not return to the condition it was in before the injury, you may be eligible for “permanent partial disability” compensation)
• You think that you are no longer able to work on a regular basis doing any job
• You think you can no longer work at your current job but think you may be able to have some job
• You already have major pre-existing disabilities
• You would like to challenge a decision previously made by your employer, your employer’s insurance company, or Tennessee’s workers' comp division regarding your workers’ compensation claim.
• You think that you are not receiving the benefits that you should be or think that there might be more benefits that you could receive
• Your benefits have been denied
• Your employer has challenged a decision by Tennessee’s workers’ compensation division
• You do not understand the workers’ compensation process and would feel better if an expert were handling your case

If any of these factors are true regarding your work-related injury, you should speak with a Tennessee Workers’ Compensation attorney; however, now that you have determined that you need an attorney, you may be confused or unsure about how to go about choosing the right one for you. Following these simple guidelines may help make the process easier and less confusing for you.
These guidelines are:
• Talk to people who have hired a Tennessee Workers’ Compensation attorney and see if they were satisfied with their experience. Also, make sure the attorney has a good reputation in the community
• Consider how much experience the attorney has had with Workers’ Compensation cases
• Interview possible attorneys and ask them questions. Make sure that you feel comfortable and confident about their ability to handle your case

These guidelines will not only help you to determine if you need a Tennessee workers’ compensation attorney but will help you choose the one that is right for you and your case.

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When a Tennessee employee is injured on the job, they will more than likely need a lawyer to help them recover their workers’ compensation because Tennessee Workers’ Compensation laws can be tricky, especially if an employee forgets or fails to follow certain steps during the process of filing a lawsuit. In my last several blog posts I have talked about the most common mistakes I have seen clients make when they want to file a workers’ compensation claim. The final and perhaps most important one of these is failing to create and maintain a personal medical file to give to your attorney.

Many people may think that attorneys only need certain information or that the information they need can be easily gathered, but unfortunately this is not always the case. However, if you are able to keep a record of all the medical providers you have seen during this process as well as every procedure you have had, all your treatments, referrals, and any work restrictions you have experienced as a result of your injury then your work comp attorney will be able to have the documents they need to put together a solid case and help you get the compensation you are entitled to for the injury you have suffered. It is also important to keep all these documents and records in your own personal medical file or folder because obtaining them from doctors or other medical facilities may take a long period of time and cause you to have to wait longer for your compensation.

Continue reading "Another Frequent Mistake Made in TN Workers’ Compensation Cases: Failure to Create and Maintain a Personal Medical File" »

Tennessee work comp claims are often difficult to prove and may result in a lack of compensation for the injured employee if common mistakes are made during the process. In an earlier blog post, I discussed the importance of seeking medical treatment soon after an injury and how a failure to do so can lead to the insurance company feeling that the injury is not sufficient enough to justify compensation. Another common mistake that people may make when wanting to pursue a TN workers’ compensation claim is related to this one and that is a failure to be on time for or missing medical appointments.

Many people may think that they do not need to keep going for medical treatment after first being treated for the injury or that missing an appointment or two is not that important to their case. However, failing to show up for scheduled medical appointments is recorded in your medical records and if the court sees that you have missed several appointments, this may lead them to believe that your injury is not as severe as you claim or that you are not as commitment to your treatment as you should be. This can lead the court to question your injury and your claim and may cause it to be rejected. This is why it is important to always be on time for your appointments or to give twenty-four hours notice if you need to reschedule an appointment. This will help to prove to the court that you need the medical treatment and that you care about your treatment and also that this claim is very important to you.

Continue reading "More Common Workers’ Compensation Mistake: Being Late For or Missing Medical Appointments " »

Tennessee employees and employees all across the country work long hours these days and they deserve to be properly paid for these hours. However, many companies and businesses find ways around paying their employees the overtime they are entitled to or fail to pay it altogether. According to a new lawsuit, Darryl Long has filed a class action lawsuit against the company he works for, CPI Security Systems, Inc claiming that he and other employees were not paid overtime for the hours they worked. Darryl Long worked as a technician for the company and his job was to repair and install home security systems. Long received a flat rate for each service call he went to and for each basic installation he did, but he claims he was not paid for the overtime hours he worked.

According to the complaint that was filed, Long and several other technicians in a similar situation claim that they were denied overtime pay in violation of the federal Fair Labor Standards Act. The Fair Labor Standards Act requires that all covered employers have to pay their non-exempt employees like Long and the other technicians overtime pay for hours worked over forty in a work week.

The attorney for the plaintiffs stated that, “companies often assume that just because they pay a technician by piece rate or job rate, he is somehow excluded from the overtime laws’ protections.”

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Recently Tennessee Workers Compensation Lawyer, Jim Higgins, was interviewed with regard to common mistakes made in work comp cases. Some of the most common include: failing to report the injury in a timely manner, failing to go to the doctor and failing to be straightforward with the doctor. You can watch the complete interview below:

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