Answers Posted By James Becker, Jr.

Answer to on Saturday I had a accident at work, I been with this company 41 years and I drive a tow mow and she walk behind be as I was backing up and it hit her. my drug test was negative. Monday they told me I was suspended off the tow mow for 2 week. Now they te

Thank you for your posting, unfortunately, it is nearly impossible to adequately provide any sort of answer. However, I may be able to provide some sort of guidance.

Initially, it is impossible to provide an adequate answer because I do not know by whom you were employed, what the current adverse job action is (beyond the suspension) nor any sort of context for the event. Each of these bears directly upon any answer I could give.

That being the case, you are going to generally look to see if there is any form of unlawful discrimination or retaliation. Tennessee is an at-will state, which means that you can suffer an adverse job action for any reason that is not illegal - even if it is morally wrong. If you are an employee of a governmental entity, you may have some additional civil service rights that need to be explored also.

I would advise you to sit down with an attorney to spend time discussing these issues. There are a lot of background facts that need to be understood in order to provide any sort of meaningful guidance.

posted Jul 29, 2015 07:18 AM [EST]

Answer to Does a non-compete under New York law apply in all states?

A noncompetition agreement can be enforced in Tennessee if it is reasonable. A lot will depend on the language of the noncompete, what you did and knew and what you are receiving in exchange for signing the agreement. In order to get any more conclusive answer as to the agreement's enforceability, you will need to sit down with a lawyer and the noncompete agreement.

posted Oct 5, 2009 09:06 AM [EST]

Answer to Is it Non compete if do same job but not competing? Also company sold to new company.

Noncompete enforcement

A large part of your answer depends on where you are working. If you were working in California, then California law would apply to the enforcement of your noncompete agreement. If you are working in Tennessee, then Tennessee law should apply to your situation.

In Tennessee a non-compete agreement is generally enforceable if the conditions for enforcement are met. However, if you are not treading on your former employer's turf, most likely it will not pursue an action against you.

You need to consult with an attorney anytime you have questions about a contract. [Disclaimer: The above comments are not intended as nor should they be relied upon as "legal advice", which can only be obtained by personal consultation with a retained attorney; at which time the specific facts and circumstances of your case can be thoroughly evaluated. This reply is provided for general informational and educational purposes only, and does not create an attorney-client relationship with the responding attorney.]

posted Jan 18, 2005 1:31 PM [EST]

Answer to terminated- elimination for position, cover up for disability?

Americans with Disabilities Act

Your husband's situation may be covered by the Americans with Disabilities Act ("ADA"). It sounds from your description like he was treated differently than others and subjected to different conditions of employment. If your husband would like to set up a consultation, please contact us at jbecker@cronemason.com.

posted Jan 14, 2005 1:18 PM [EST]

Answer to Shift work.

Shift work response

You may be entitled to overtime, but it depends on the specifics of your day-to-day job duties, your experience and education. Whether or not an exemption applies has very little to do with the job title and more to do with how your work is done. If you would like to schedule a free consultation on this issue, please contact me at jbecker@cronemason.com.

posted Aug 23, 2004 12:24 PM [EST]