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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.

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.

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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.

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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.

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CHECKING EMAILS AND TEXTS AFTER HOURS MAY BE COMPENSABLE TIME

Not too long ago a client manager and I were reviewing workplace policies relating to employee use of the employer's computer system. Employers often have a number of policies or handbook statements on this topic ranging from protection of the employer's confidential information, to prohibitions on sexual and other forms of unlawful harassment.

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Basing Hiring Decisions on an Applicant’s Workers Compensation History

The Tennessee Supreme Court very recently issued a decision addressing whether an employer that refuses to hire a job applicant because of her past workers’ compensation claims with another employer violates the Tennessee workers compensation statutes and can be sued for "retaliatory failure to hire."

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