tennessee unemployment uniformed services employment & re- employment rights act employer...

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 - employerTN 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 OwnNo 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?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 - StandardMisconduct - Standard

• Misconduct connected with their work

• Intentional Conducts

5

Absenteeism/TardyAbsenteeism/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

InsubordinationInsubordination

• 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 PerformanceJob Performance

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

8

Violation of Company RulesViolation 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 & UnemploymentSeverance Pay & Unemployment

• Can get both

10

Military Leave-(USERRA)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 DISCRIMINATIONCan’t DISCRIMINATION

• Forbids discrimination in hiring, retention, promotion, benefits

Must ReemployMust 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

SENIORITYSENIORITY

• “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, 284-85 (1946).

ENTITLEMENTSENTITLEMENTS

• 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

DefamationDefamation

• Slander – Speech Libel- Writing

• Must have a publication

• Internal communication at employment is not publication.

16

•Tennessee workers compensation law

17

TN W.C LAWTN 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

INJURYINJURY

1. Arise out of – -performing job duties

Mason Dixon case- rescuing ppl is not a risk arising out of employment

INJURYINJURY

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

STRICT LIABILITYSTRICT LIABILITY

• In return for Employer being held strictly liable (automatically responsible regardless of fault)

there are no pain suffering, penalties

Work Comp BenefitsWork Comp Benefits

• Safety Devices:

• NO PAIN AND SUFFERING –

• NO PUNTATIVE DAMAGES

TWO TYPES OF INJURIESTWO 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