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In Our Judgement: In Law & In Life

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In Our Judgment

The official Frantz, McConnell, and Seymour, LLP blog.

Providing insight on developments in labor and employment law affecting East Tennessee employers and employees.

Employers Must Use a Revised Version of Form I-9 Starting September 18, 2017

Employers Must Use a Revised Version of Form I-9 Starting September 18, 2017

The United States Citizenship and Immigration Services (USCIS) has released a revised version of Form I-9, Employment Eligibility Verification. All employers are expected to use the revised form by September 18, 2017. Failure to use the new form after that date will constitute non-compliance with federal law and may subject the employer to potentially significant fines by USCIS.

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Tennessee Healthcare Employers Must Now Report Positive Drug Test Results For Its Licensed Healthcare Employees

Tennessee Healthcare Employers Must Now Report Positive Drug Test Results For Its Licensed Healthcare Employees

On July 1, 2017, over 130 new laws recently enacted by the Tennessee legislature became effective. One of those imposes new reporting requirements on employers in the healthcare sector whose licensed healthcare employees test positive on a drug test or refuse to submit to a drug test when directed to do so.

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Must an Employer Allow a Resigning Employee to "Work Out a Notice?"

Must an Employer Allow a Resigning Employee to "Work Out a Notice?"

As an employment lawyer, I tend to focus a substantial part of my time on the consequences that may follow employee terminations that are involuntary. From time to time, however, questions do arise in the context of voluntary resignations. For instance, I am occasionally asked whether an employer must allow a resigning employee to continue her employment for a limited period of time following a notice of resignation. The common situation is when an employee says, “I am giving you my 2-week notice.” Similarly, an employee may inform her supervisor on May 1, “I am leaving for another opportunity. My last day of work will be May 15.”

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Federal Appeals Court Holds Title VII Prohibits Sexual Orientation Discrimination

Federal Appeals Court Holds Title VII Prohibits Sexual Orientation Discrimination

In the last 9 months, I have twice posted on efforts by the Equal Employment Opportunity Commission (EEOC) and a number of private litigants to have federal courts construe federal statutory protections against certain forms of workplace discrimination to include discrimination on the basis of sexual orientation. Title VII of the Civil Rights Act of 1964 makes it unlawful for employers subject to the Act to discriminate against employees on account of “race, color, religion, sex, or national origin. . ..” During the last 40 years, a number of federal courts, including federal appellate courts, regularly rejected efforts to interpret the term “sex” as including sexual orientation and thereby refused to extend anti-discrimination protections to LGBT employees. This was often done on a perfunctory basis and without much reflection or debate on the question.

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Employee Beware: Understand Your Rights Before Signing or Litigating a Non-Competition Agreement or Other Employment Contract

Employee Beware: Understand Your Rights Before Signing or Litigating a Non-Competition Agreement or Other Employment Contract

I am regularly asked by employees to review various types of employment contracts, including employee non-competition agreements. More often than not these employees are Tennessee residents who work in a Tennessee-based office (or home office) and whose job duties are typically performed in Tennessee. Despite those factors, the contracts presented to them often contain two terms quite troubling to lawyers, but which go unnoticed by our clients.

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