Answers Posted By Irwin Venick

Answer to What is the statute of limitations for discrimination?

The statute of limitations for discrimination is o

The statute of limitations for an action under the Tennessee Human Rights Act
is one year from the date of the discriminatory act. The same would apply to a wrongful termination action based on a discrimination claim or whistleblower claim.



posted Feb 19, 2001 4:50 PM [EST]

Answer to Does a doctor have a duty to return an FMLA form?

Good question - Not sure of the answer.

I am not aware of any similar actions being brought. The question would appear to revolve around the nature of the relationship between a physician and his/her patient. You would be best served contacting an attorney
familiar with patient/physician relationship. Not that it helps in turn of recovery, but you might also want to consider a complaint to the State Medical Board.

posted Feb 19, 2001 4:47 PM [EST]

Answer to Should I sign an at-will agreement after 12 years?

You are likely "at-will" whether or not you sign t

Under Tennessee law you are considered an employee at will unless you enter
into an employment agreement for a specific term. Whether you should sign an
"employment at will agreement" depends upon what else the agreement says and
your understanding of why your employer wants you to sign it. Of course, if
you do not sign it, that could subject you to termination. You should
consult with a lawyer in order to review the agreement.



posted Feb 19, 2001 4:44 PM [EST]

Answer to I am a witness to harassment. What should I do?

Your legal remedies depend on the kind of harassme

First, it is not entirely clear that the conduct you are complaining about is
actionable harassment. Bad language, in and of itself, is generally not enough to make out a claim.

Second, it is also not clear that the conduct which you are complaining about
is directed towards you because of your gender. If it is not, then you would
not generally have a claim.
Third, I would suggest that you complain to the Human Resource office of both
the temporary agency and the employer to which you are assigned. Both would
be considered your employer for purposes of harassment law.

Finally, if the conduct is something other than bad language; if it is being
directed towards you because of your gender; if you complain to the Human
Resource office and no corrective action is taken, you then might want to
consult with an attorney in the area in which you live.


posted Feb 19, 2001 4:41 PM [EST]

Answer to Harassment and now disparaging remarks by the CFO

The harassment and comments may be unlawful.

It is unclear from your message what caused you to go to the Clinic Administrator to begin with. If the nature of the harassment was of a
personal nature (this person is just not a good one to be around) and not based on race, sex, age, disability status, religion, or national origin you probably do not have much to go on.

There are a number of excellent employment lawyers in Memphis, Tennessee (Don Donati; Carolyn Howard, etc.)
To the extent that the Clinic Administrator makes negative comments to you in the workplace to people who do not have a need to know and/or gives you bad references that are not true, you may have a claim under Tennessee common for defamation. I would, again, suggest that you consult with a local attorney.

Of course, you would also have to demonstrate some injury as a result of the
allegedly false statements.
Finally, unless your personnel policies provide that unused vacation pay is
to be paid as salary at the conclusion of employment, you probably do not have a claim for that pay. Under ennessee law, if you leave your employment your employer is required to pay you no later than the next regular payday or 21 days after you end your employment, whichever occurs first.

posted Feb 19, 2001 4:38 PM [EST]

Answer to Harassment and now disparaging remarks by the CFO

The harassment and comments may be unlawful.

It is unclear from your message what caused you to go to the Clinic Administrator to begin with. If the nature of the harassment was of a
personal nature (this person is just not a good one to be around) and not based on race, sex, age, disability status, religion, or national origin you probably do not have much to go on.

There are a number of excellent employment lawyers in Memphis, Tennessee (Don Donati; Carolyn Howard, etc.)
To the extent that the Clinic Administrator makes negative comments to you in the workplace to people who do not have a need to know and/or gives you bad references that are not true, you may have a claim under Tennessee common for defamation. I would, again, suggest that you consult with a local attorney.

Of course, you would also have to demonstrate some injury as a result of the
allegedly false statements.
Finally, unless your personnel policies provide that unused vacation pay is
to be paid as salary at the conclusion of employment, you probably do not have a claim for that pay. Under ennessee law, if you leave your employment your employer is required to pay you no later than the next regular payday or 21 days after you end your employment, whichever occurs first.

posted Feb 19, 2001 4:32 PM [EST]