Best Employment Lawyers in Chattanooga

FAQs

• What is the non-emergency contact number for the local police station in Chattanooga, Tennessee?

  The police in Chattanooga take non-emergency calls at (423) 698-2525.

• Where can I get a copy of police reports for incidents related to my case in Chattanooga, Tennessee?

  The Police Services Center at 3410 Amnicola Highway processes report requests in Chattanooga. Related inquiries are made at (423) 643-5000.

• May an independent contractor in Chattanooga who exclusively only works with one party and has been consistently rehired for two whole years claim overtime pay?

  Arguably, yes, an independent contractor in Chattanooga who has been consistently rehired for two years can be a misclassified employee. The existence of a continuing relationship is an indicator that a contract for services has ripened into an employment agreement. This will result in a de facto employer-employee relationship and cause overtime to be due.

• May an employee in Chattanooga claim a wage violation if paid the federal minimum wage of $7.25 per hour?

  No, an employee in Chattanooga may not claim a wage violation if paid the federal minimum wage of $7.25 per hour. The metro is part of Tennessee, which does not impose its own basic pay. In the absence of a state-specific statute, the sums imposed by the Fair Labor Standards Act apply and that rate is exactly what is being given.

• May an employee in Chattanooga use the Family and Medical Leave Act of 1993 to justify a week of unpaid leave to go on a trip to the Bahamas?

  No, while a trip to the Bahamas is a familial leave, it is not permissible under the Family and Medical Leave Act of 1993 that applies in Chattanooga. The law covers where the worker takes time off for cases of childbirth, adoption, and care for an ailing child, spouse, or parent. Vacations are not covered.

• What are the defenses that an employer in Chattanooga may use if a breastfeeding employee complains that the bathroom is the only place to pump milk?

  An employer in Chattanooga who faces a complaint from a breastfeeding mother who has to pump milk in the bathroom may claim that providing an additional room is too difficult. The accommodations in the Tennessee Pregnant Workers Fairness Act presuppose that the business won't face undue hardship because of significant expenses or other challenges.

• May an employer in Chattanooga place a worker in an isolated cubicle and impose inhospitable working hours in a bid to force a resignation?

  No, an employer in Chattanooga may not place a worker in an isolated cubicle and impose inhospitable working hours. This practice is essentially a constructive discharge and is used by companies to get rid of workers while making it appear like a resignation and not a firing. The tactic is used since voluntary removal from work usually leaves a laborer with no cause of action.

• What does an employment attorney do?

  Employment attorneys represent workers, companies, unions, and advocacy groups. Their primary job is preventing and resolving disputes related to state and federal employment regulations as well as civil rights. They assist with the development of policies, including laws and employee handbooks, and they represent clients in court and during administrative hearings overseen by the U.S. Equal Employment Opportunity Commission and state-level labor agencies.

• How much should I ask for in a discrimination lawsuit?

  Employment-related claims are among the most complex and time-consuming lawsuits heard in the civil court system. Before workers can file a lawsuit, they must file a claim with the U.S. Equal Employment Opportunity Commission. Every year, the EEOC recovers $505 million for victims of workplace discrimination. When cases proceed to court, the average settlement is approximately $40,000. However, roughly 10% of claimants receive at least $1 million.

• How do I prove discrimination in the workplace?

  Discrimination lawsuits are typically based on an established pattern of behavior in the workplace. Employment attorneys who handle these claims generally advise clients to gather evidence and document all instances of discrimination, harassment, or abuse, as they occur. The following documents are often vital for proving workplace discrimination:

  • Personnel files
  • Payroll records
  • Employee handbooks
  • Diary or journal entries
  • Medical or mental health records
  • Reports from witnesses
  • Photos or video footage
  • Physical evidence

  
  

• Can I sue my company for a hostile work environment?

  Yes, offensive or unwelcome conduct that creates a hostile work environment and affects your terms of employment may give you reason to take legal action. However, rude or abusive behavior on its own isn’t illegal. It must also be tied to other legal issues, such as retaliation for reporting harassment or discrimination directed at members of a protected group.

• What is the EEOC?

  The EEOC is the U.S. Equal Employment Opportunity Commission. It's a federal agency tasked with helping to enforce laws concerning discrimination in the workplace. Not all employers are covered under the EEOC. Typically, you have to work for an organization with at least 15 employees or for a labor union or agency to be covered by EEOC protections.

• How do I report an abusive boss?

  If you believe you're being discriminated against, you have several options. First, follow internal reporting procedures with human resources or other leadership. You can also file a charge of discrimination with the EEOC. Talking to an employment attorney can help you understand your options and protect your interests.

• What laws protect employees from job discrimination?

  • The Civil Rights Act of 1964 provides employees with protection against discrimination based on a wide variety of factors, including national origin, sex, religion, race, and color.
  • The Age Discrimination Act of 1967 applies age to the protected class.
  • The Equal Pay Act of 1963 forbids sex-based compensation discrimination.
  • The Rehabilitation Act of 1973 makes it illegal to discriminate on the grounds of disability in terms of employment decisions.
  • The Civil Rights Act of 1991 adds more protection and power to the federal government to enforce some of these laws.

• How do I file a wrongful termination claim?

  You can file a wrongful termination claim with the EEOC online, via mail, or in person at various EEOC branch offices. You may be able to file a complaint with a state agency. To determine an appropriate plan of action and which organizations you can file with, speak to an employment lawyer.

• What is unfair treatment at work?

  Unfair treatment is not the same as unlawful treatment. There aren't laws against unfair treatment, which can include a boss who generally bullies people into action or someone who doesn't make fair decisions about time off because of nepotism or mood. Such issues may not constitute a claim for a court argument or allegation, unlike unjust judgments made on the grounds of race or age. An employment attorney can clarify if unfair treatment is also unlawful.

• What are some workers\' rights related to injury and illness?

  Employees have a variety of rights related to time off if they're injured or fall ill. For example, in workplaces covered by the Federal Medical Leave Act, workers are allowed to take up to 12 weeks off without losing their position in a company. The leave is unpaid unless PTO time can be used to cover it. Employees may also have rights to file a workers' comp claim if they're injured on the job. All of these laws cover different situations and types of employers, and an employment attorney can help you understand what rights you have.

• Can an employer force you to work?

  This is a gray area in some cases, which is why it may be a good idea to consult an employment lawyer if you have concerns about your workplace. According to the Occupational Safety and Health Administration , workers have a right to refuse to work in dangerous situations. But the burden of proof that this is, in fact, the case, can weigh heavily on the employee.