fms-logo-lg

In Our Judgement: In Law & In Life

550 West Main Street, Suite 500  |  Knoxville, Tennessee 37902  |  office 865.546.9321  |  fax 865.637.5249 Directions & Parking Info

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.

Lessons from Good News - Analyzing Recent Non-Compete Cases

Disappointment often presents us with difficult but valuable learning opportunities. Every now and then, however, we can enjoy some good news and still take in a lesson or two.

Continue reading
4124 Hits

OSHA Fines May Increase by More Than 80% - And No One Heard about It

On November 2 Congress passed and President Obama signed into law a budget agreement that received a substantial amount of media attention (The Bipartisan Budget Act of 2015). What was not so widely reported was an obscure provision within that legislation that authorizes the Occupational Safety and Health Administration (OSHA) to significantly increase its fines for the first time since 1990.

Continue reading
4165 Hits

Will Protections Against Sex Based Discrimination Be Extended to Sexual Orientation?

 

Since the United States Supreme Court's recent rulings resulting in state recognition of same sex marriages, a number of employers have asked me if they should expect an extension of workplace anti-discrimination protections to gay and lesbian employees.

Continue reading
4670 Hits

Must Tennessee Employers Pay Departing Employees For "Accrued" But Unused Leave?

I am from time to time asked by both employers and employees if a Tennessee employer must pay an employee for her "accrued" but unused leave days when she quits or is discharged. There seems to be an assumption by most people who ask the question that if the paid leave days are accrued as opposed to advanced, the employee must be paid for them. Surprisingly, the answer to the question is not what most people expect.

Continue reading
12819 Hits

AVOIDING THE "READY, FIRE, AIM" APPROACH TO EMPLOYEE DISCIPLINE

I regularly represent both employers and employees in litigation concerning terminations of employees for misconduct or unsatisfactory performance.  On occasion, I am also asked to mediate such disputes. After 28 years, you begin to recognize where the “trigger events” leading to lawsuits lurk.

Continue reading
3659 Hits