Overview of Knoxville Employment Law
Employee rights and workplace protections are governed by a complex set of federal, state, and local laws. In Knoxville, these issues are primarily addressed in the following areas:
Employment contracts- A written or verbal agreement between an employee and employer. In most cases, as a right-to-work state, Tennessee employers and employees are not bound to a contract unless it is signed by both parties. Employment contracts are not required in Tennessee; however, many employers choose to implement them.
Employment classification- Employment classification is often misunderstood. This covers the various categories of individuals who can be hired to work for someone else, such as an employee vs. independent contractor. Employees are only entitled to overtime wages if they work more than 40 hours in a week, while independent contractors are generally not entitled to overtime for any hours worked. Misclassification can be particularly troublesome for employers.
Termination of employment- Employers in Tennessee can fire anyone at any time, provided there is no contract. Employers cannot fire employees based on a protected class or other protected category, nor is it usually permissible to terminate an employee on the basis of sexual orientation or behavioral issues not supported by actual disruption of the operation. Employers may be liable for wrongful termination that results in an employee’s stress-related illness as well.
Wage and hour laws- Under the Fair Labor Standards Act , every employer is required to pay employees when they work. Employers in Tennessee are not required to pay overtime to employees under the age of 18, but are generally encouraged to do so.
Employers can rarely avoid overtime, which is calculated at a time and a half per hour beyond 40 hours in a week. Overtime pay is based on total hours worked for each individual day, so employees who are asked to work 10 hours Monday through Friday must receive twice their regular hourly rate for any hours they were working after 40 that day.
Common Lawsuits
The employment laws above provide only a summary of the many ways employers can violate workplace protections. Below are a few of the most common legal issues that arise when those laws are violated.
Employment contract violations- If an employee works solely under the constraints of an employment contract, any violation on the part of the employer may be cause for a lawsuit.
Sexual harassment or harassment based on a protected class (Racial, age, national origin, marital status, etc.)- Employees are protected from harassment and retaliation from supervisors, managers, and co-workers. Employers are responsible for maintaining and enforcing a harassment policy in the workplace.
Discrimination- Like harassment, discrimination occurs when an employer treats an employee unfairly or unjustly on the basis of an employee’s protected class. A person does not have to be a member of a protected group to file a discrimination suit against an employer.
Why You May Need an Employment Lawyer
There are many times when people require the services of an employment lawyer in Knoxville, TN. Perhaps the most obvious example is when they have been wrongfully terminated. However, there are many more scenarios of which you may not even be aware that would benefit from the hired placement of an attorney. For example, if you have experienced discrimination in the workplace, then a lawyer can help you successfully navigate the complex laws surrounding your situation.
Similarly, in circumstances where you have not received compensation that you were promised or that you were working hard to earn but found that your employer had other ideas, you may need to hire a lawyer to go after the wages that belong to you. If your workplace is hostile and supervisors make you feel uncomfortable by constantly harassing you, then you might likewise require the aid of an attorney to help you fight for the workplace that you deserve.
How to Select the Right Employment Lawyer
How to Choose the Right Employment Law Attorney in Knoxville, TN
When it comes to finding the right employment law attorney in Knoxville, there are a number of different factors to take into consideration. It’s also important to understand that employment law doesn’t just cover issues like wrongful terminations and discrimination cases. You may need an employment law attorney if you’re dealing with a dispute over wages or benefits, or even if you’re faced with a discrimination case as an employer. Whatever your own personal situation may be, you want to select an attorney with the appropriate qualifications and experience for your particular needs.
First of all, you want to have an employment law attorney who specializes in the area that you need help with. He or she should be able to chat with you about all of the different aspects and specialties of employment law in order to identify precisely what is needed. It’s important that your attorney has plenty of experience dealing in both state and federal courts, be familiar with regulatory authorities, and knows how to represent you in administrative hearings as well as arbitration in addition to civil litigation. He or she needs to be able to act as your representative and advisor in any circumstance and under any circumstances whether it be federal, state or local legislation. Your attorney should also have the experience necessary to negotiate contracts, settlements, workplace policies, and claims or to offer assistance in drafting and reviewing a variety of other employment-related documents.
Another thing that’s important is for you to make sure that your employment law attorney in Knoxville has the appropriate qualifications to deal in the area you need help with. The attorney must absolutely have familiarity and proficiency in the various laws, statutes and regulations that are involved in your particular situation. You should also check to ensure that the attorney is familiar with specific industry practices. Furthermore, the attorney you choose should have experience in dealing with other lawyers, human resources professionals, and management and employee relations staff in companies and other organizations of all sizes. This will help ensure that your attorney has not only the legal expertise, but also the personal connections and level of understanding necessary to act on your behalf.
Finally, one of the most important things is to make sure that your attorney has a personal connection with you. Since you’re hiring someone to work with you through possibly one of the toughest times of your life, the attorney you choose should be someone who you’re comfortable being open and honest with and who’s sensitive to your needs. Above all, you want to choose someone whom you ultimately feel you can trust to handle the situation on your behalf.
Knoxville’s top employment law firms
Knoxville is home to many outstanding employment law firms. With such a variety of choices, you may find it difficult to find the one that will be the best fit for your legal employment needs. Here are some of our favorites: Mikeyslawyers.com has served the Knoxville area for over fifty years and has a reputation for providing high-quality legal counseling across the spectrum of employment law cases. They offer numerous services, including those pertaining to FMLA and ADA issues. Mikeyslawyers has been called the "premier employment law firm in East Tennessee." Law Firm of Millicent S. Gaston is another long-running Knoxville law firm, having provided quality employment law counseling for the last twenty-four years. This firm’s team of attorneys provides personalized attention in matters related to employment law and civil rights litigation. The lawyers at Lacy, Price & Wagner are committed to providing Knoxville clients with high-quality employment law representation. Attorney Mary Jo Lacy understands the challenges employees face when opposing an employer’s decision. She provides strategic guidance to her clients through the process. For questions and concerns related to issues involving employment discrimination, call on the lawyers at the Law Office of C.P. Heer. Whether at the federal or state level, their attorneys have helped numerous clients find satisfactory solutions to employment law issues.
What to Do Before Your Initial Consultation
Once you have compiled your list and chosen an employment law attorney, the next step is a consultation. Generally speaking, consultations with employment law attorneys are billed hourly. So there is no reason to consult with an employment law attorney that cannot handle your case, or that you probably would not like to work with. It is a good idea to collect all of the relevant documents before your meeting and try and ask all the relevant questions as well. Documents that should be gathered include:
- (1) Your offer letter,
- (2) Your employment agreement,
- (3) Pay stubs,
- (4) Bonus compensation information,
- (5) Documents related to your pay increase,
- (6) Any notices you may have received from the EDD/FLSA/overtime , etc.
Questions that you will want to ask at least include:
- (1) How much experience do you have litigating similar cases?
- (2) What types of cases do you usually handle?
- (3) Will you be handling my case personally, or will another associate be involved?
- (4) What is your retainer amount and hourly rate?
- (5) How long do you estimate my case will take?
- (6) Do you think I have a strong case?
You will also want to evaluate the attorney somewhat on your first meeting, to see if it is a good fit. This can be somewhat difficult, but here are some pointers:
- (1) Did the attorney listen to you and ask follow up questions?
- (2) Did the attorney seem knowledgable in the area of law you were asking questions about?
- (3) Did you get along? Did the attorney sound trustworthy?
If the meeting was not positive in either of those respects, you can move on to another attorney. If it was, you may have found a good fit for your case.
Common Resolutions in Employment Law Cases
Common Outcomes of Employment Law Cases in Knoxville, TN
Like many legal matters, the outcomes of employment law cases can vary greatly depending on the particular circumstances involved. Typically, when an employee initiates a case against their employer, a number of resolutions are possible. Depending on their strategy and the approach of the employer, these cases may be settled, litigated through the court system, or resolved through alternative dispute resolution processes. In simpler cases, where the dispute amounts to a small sum of back pay or a few thousand dollars for lost wages, courts tend to favor settlement. When it becomes clear to the court that the parties may never be able to resolve the matter, the presiding judge may proceed with litigation. Depending on the actions of both parties, employment law complaints may be resolved in state court, federal court, or through alternative dispute resolution processes like arbitration or mediation. In most disputes, however, lesser dollar amounts can be the hardest to settle, so litigation is often a way to test the other party’s resolve. In the case of small settlements, we have sometimes found that a jury verdict is the only way to reach a resolution. Another possibility is that in some cases that would go to trial, the parties will reach some form of resolution before the matter has to go to court. Mediation is a helpful way of coming to terms with the other party in a lawsuit while still preserving secrecy and privacy. Since in some cases, settlements can be subject to public scrutiny, remaining out of the public eye can be appealing — "force" can often be necessary to arrive at a judicial judgment. In situations where settlement at mediation fails, the parties will typically go to trial. All the same, neither party facing litigation wants to go through a trial. A dysfunctional relationship can be made worse when a civil lawsuit arrives, and as such, each party is keenly aware of the necessity of reaching a settlement. Like any legal conflict, the outcome is always up to the judge or jury. Knoxville, TN juries are highly sympathetic to workers in almost all situations, especially when the employer is a well-known company or if the treatment was egregious. In cases where they have been lied to, threatened or screamed at by their employer, employees can find a sympathetic ear in a jury. Generally speaking, jurors take criminal injustice personally, even if it does not directly affect them. In many instances, the outcome of a sexual-harassment complaint comes down to who is telling the truth. In many sexual harassment cases, the judge instructs a jury that they are merely to decide if the plaintiff suffered harassment. If they say that the employee did, the jury considers how much the employer should pay them. Where the evidence didn’t show the harassment, the jury shouldn’t have to consider how much the employer should pay.
Employment Law FAQs
Frequently asked questions about employment law in Knoxville, TN:
How much does it cost to hire an employment law attorney in Knoxville?
It depends on the particular issues that you have and the employment law attorney that you select. Some lawyers will take your case on a contingency basis – meaning that the lawyer gets paid a certain percentage of what you recover. Other lawyers charge by the hour. Sometimes, you may have to pay a retainer fee. Almost all lawyers in Knoxville offer free consultations to discuss your legal options with no strings attached.
How long will it take to complete my case?
Again, this will depend on the facts of your case. In wrongful termination cases, it can be a year or more before a case is filed. In that case, it can be months from when a case is filed until your trial date . Worse case scenario, it can take a few years to get a case to trial. In other cases such as discrimination cases, you may be able to resolve a case with your employer or the EEOC in a few months depending on the facts your case and the commitment from both sides to resolve the case. In all cases, it is the lawyer’s responsibility to work efficiently within your budget and get the best resolution of your case as fast as possible.
What if my employer retaliates against me for seeking the advise of an employment law attorney in Knoxville?
Tennessee law protects employees who are seeking legal advise from an employment law attorney in Knoxville. If an employer retaliates against you for seeking legal advise, this is a violation of Tennessee law.