James Becker, Jr.
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Answers Posted By James Becker, Jr.
Answer to Worked for a large time share company. Left due to Covid.
I expect that it will depend on what your contract provides. Generally speaking, an employer is not entitled to just keep your commissions as those are your wages. I also expect that if the employer is entering into a side agreement with the customer to skip some payments, a court would not permit that to be a valid basis for withholding your income beyond the 6 month period.posted Oct 7, 2020 07:14 AM [EST]
Answer to If employee declines lunch break am I covered as long as I offer it?
Your obligation in Tennessee is to provide the break period, there is no obligation that the employee actually take the break. So long as there is evidence of its being provided and you pay the employee for the actual hours worked, you should be okay.posted Aug 14, 2020 12:51 PM [EST]
Answer to Lunch break and timecards
I am unclear about your actual question. An employer is obligated to pay you for the hours you work. If the employer takes a deduction from your wages for a lunch that you do not take, then that is illegal. If the employer forces you to work off-the-clock, that is also illegal. If the employer is deducting from your wages for time you did work, then that is illegal and you need to talk to a lawyer about recovering your unpaid wages.posted Aug 10, 2017 1:47 PM [EST]
I would first contact the employer directly rather than through an intermediary. It is a COBRA violation to not send you timely notice of your election rights and the employer may be liable for a statutory penalty for failing to provide that notice.
posted Feb 9, 2017 08:42 AM [EST]
posted Feb 9, 2017 08:42 AM [EST]
If your employer terminated your employment, your employment is terminated. Putting the wrong "legal name" on the separation notice does not change the fact of the termination.
posted Jan 17, 2017 10:05 AM [EST]
posted Jan 17, 2017 10:05 AM [EST]
Answer to I was terminated by my company because my position was eliminated. Do I have any legal recourse?
As a general rule of thumb in Tennessee, an employer can eliminate your position without being liable for the job loss. An employer can also ask you to sign a release in order to get unpaid vacation unless (and this is very important) that unpaid vacation is accrued and not subject to any sort of forfeiture. If it is accrued (meaning that you have earned it according to whatever schedule the company has) and it is not forfeited (meaning , looking at the policy concerning use and/or loss of same), then that vacation time is an element of wages and the employer must pay it according to the schedule set out in the Tennessee Code Annotated for paying final wages.posted Jan 11, 2017 2:43 PM [EST]
Generally, an employer must pay you for the hours that you work. Depending on your rate of pay, it may also be a violation of federal wage and hour law if this causes your wages to fall below minimum wage.
posted Aug 15, 2016 09:04 AM [EST]
posted Aug 15, 2016 09:04 AM [EST]
Answer to Took medical leave for tkr boss wont let me come back what can i do?
If your employer was covered by the Family and Medical Leave Act and you were an eligible employee, your position was protected for 12 weeks. There are a lot of other facts which will come to bear on this situation, so you really need to consult an attorney to learn more about your rights and responsibilities.posted Oct 28, 2015 12:08 PM [EST]
Answer to Is it legal for a boss to ask you to return to work full time even if your surgeon says no?
It depends on the nature of your leave. If the leave is pursuant to the Family and Medical Leave Act (FMLA), then you don't have to return to work. Similarly, if the leave is pursuant to a worker's compensation (WC) leave, then you do not have to return early.The employer can always ask the question, the issue is with what you need to do in response and the consequences of your decision. If the leave is unprotected, then the employer can take an adverse action against you for not returning early. However, if the leave is protected (by either FMLA or WC), then it is illegal for the employer to take an adverse action against you for not returning early.
posted Oct 1, 2015 06:24 AM [EST]
Answer to if I only work 6 hours am I forced to take a lunch break
In Tennessee, as a matter of law an employer is obligated to give you a 30 minute break if you work 6 hours. However, this is not the same as them automatically deducting that amount of time if you did not take the break. If this is something that happens regularly, or if it happens to everyone in your position, this is something that you need to discuss with a lawyer.posted Sep 1, 2015 2:03 PM [EST]
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