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Tennessee Non-Compete Law:
- Signing a covenant not to compete does not mean you must abandon your career or private business.
- By Tennessee law, non-competition contracts must be limited in scope.
- Tennessee courts do not favor non-competes.
Severance Packages under Tennessee Law:
- Often contain releases to prevent filing an age discrimination claim
- Are negotiable
- Should never be signed without a lawyer’s review
Retaliation:
- Is illegal under federal and Tennessee employment laws
- Involves negative actions taken against you for abiding the law
- These negative actions are illegal if they are “materially adverse”
Overtime for Tennessee Salaried Employees:
- Salary does not mean you cannot earn overtime.
- Duties tests make sure an employee’s job title matches their work (duties).
- Duties and salary amount determine if you qualify for overtime.
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False Claims Act:
- Involves fraudulent billing of federal or Tennessee government
- Offers qui tam whistleblower or “relator” a substantial cut of fraud recoveries
- Prevents retaliation by Tennessee employer against relator
Sexual Discrimination in Tennessee:
- Workers protected by Title VII of the Civil Rights Act of 1964 and Tennessee Human Rights Act
- Must involve losses of pay or potential pay (sexual discrimination) —OR— serious and ongoing documented cases of inappropriate sexual conduct (harassment)
- New parents are allowed 12 weeks of unpaid, insured leave to care for child under Tennessee’s Maternity Leave statute
Tennessee Workplace Discrimination:
- Federal laws and Tennessee Human Rights Act offer discrimination protections against those of protected status.
- Proving discrimination requires significant proof that the employee’s protected status was the reason for termination, transfer or other negative employment action.
- Discrimination does not have to be mean or intentional.
Tennessee Wage and Hour Law:
- Tennessee employers must pay a wage earner for every hour on the clock.
- Salaried employees can earn overtime.
- Federal and Tennessee overtime laws are based on the workweek, not the number of hours worked a day.
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Disclaimer: The Tennessee employment law information presented on this page should not be construed to be formal legal advice, nor the formation of a lawyer- or attorney-client relationship. The employment law information on this site is presented and copyrighted by the Higgins Firm, a Nashville, TN-based law firm, and is not meant to solicit clients for employment matters outside the State of Tennessee. Matters outside of Tennessee or outside of Nashville, Chattanooga, Memphis and Knoxville will be reviewed by an employment lawyer licensed in the appropriate state. This site may be considered advertising by the Tennessee State Bar Rules
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