Tennessee Unemployment Uniformed Services Employment & Re- Employment Rights Act Employer Defamation TN Workers Comp Tennessee Unemployment Uniformed Services Employment & Re- Employment Rights Act Employer Defamation TN Workers Comp

TN Unemployment - employer Employ 1 or more employees during some part of 20 weeks. The weeks do not need to be consecutive, and both full- time and part-time workers are counted. 2

No Fault of your Own Cannot Quit –Laid off –Cannot return to work after work injury due to permanent restrictions –Must be able and available to work 3

What if Fired? Fired: The employer must prove that a former employee was guilty of willful work-related misconduct. TN – means must materially interfere with an employer’s business. 4

Misconduct - Standard Misconduct connected with their work Intentional Conducts 5

Absenteeism/Tardy TN courts generally hold that absenteeism and tardiness constitutes misconduct Ct – basic right of employer to expect employees to come to work on time 6

Insubordination May fall in gray area. Davis v. Young – failed to follow supervisor’s instructions on 3 occasions v. Miller v. Bible – employee left work early although supervisor said he could not. Granted unemployment – first write up 7

Job Performance Tn Court generally reluctant to permit employee’s inability to perform a job to defeat his claim for unemployment. 8

Violation of Company Rules Kile v. Traughber – Employer had work rule preventing the misuse of company property. Employee wrote some names on the back of a discarded tray she had gotten out of trash can. She accidently put it with the good trays. She was fired. CT – said must be INTENTIONAL MISCONDUCT – typically not accident. 9

Severance Pay & Unemployment Can get both 10

Military Leave-(USERRA) Uniformed Services Employment & Re- Employment Rights Act (1994) Employers – 1 or more employees USERRA covers EVERYONE who serves uniformed services 11

Can’t DISCRIMINATION Forbids discrimination in hiring, retention, promotion, benefits

Must Reemploy AND must reemploy an employee who was on military leave unless the employer can prove that it would be impossible to reemploy that person. Impossible – Undue hardship to retrain 13

SENIORITY “The returning veteran does not step back on the seniority escalator at the point he stepped off. He steps back on at the precise point he would have occupied had he kept his position continuously during the war.” Fishgold v. Sullivan Drydock & Repair Corp., 328 U.S. 275, (1946).

ENTITLEMENTS Rate of pay upon reinstatement Health insurance reinstatement and continuation Adequate rest, travel, and prep time before and after service Training after returning to work

Defamation Slander – Speech Libel- Writing Must have a publication Internal communication at employment is not publication. 16

Tennessee workers compensation law 17

TN W.C LAW Applies to private employers who have over 5 employees. MAJOR CHANGES STARTED JULY 1, 2014 Tennessee Dept of Labor- No more court

INJURY 1.Arise out of – -performing job duties Mason Dixon case- rescuing ppl is not a risk arising out of employment

INJURY 2. in the course of employment – clocked in or in parking lot

STRICT LIABILITY In return for Employer being held strictly liable (automatically responsible regardless of fault) there are no pain suffering, penalties

Work Comp Benefits Safety Devices: NO PAIN AND SUFFERING – NO PUNTATIVE DAMAGES

TWO TYPES OF INJURIES –1. Physical –2. Mental injuries – Normal stress not covered even if boss is a jerk.

Thumb First or index finger 60 weeks 35 weeks Second or middle finger 30 weeks Third or ring finger 20 weeks Fourth or little finger 15 weeks Great toe 30 weeks Any other toe 10 weeks Hand 150 weeks Arm 200 weeks Foot 125 weeks Leg 200 weeks Eye 100 weeks Hearing (one ear) 75 weeks Hearing (both ears) 150 weeks