Employment Law for Employers
Employers sometimes struggle to understand all of their obligations under federal and state laws. If you are an employer that wants to make sure that you abide by the laws that provide worker protections, it may be helpful to seek counsel from an experienced Tennessee employment lawyer. At The Salonus Firm, employment attorney Jessica Salonus can help you create workplace policies and employment handbooks that reduce the likelihood of litigation by a disgruntled current or former employee. She can also draft and revise employee releases and severance documents. If litigation needs should arise, The Salonus Firm can also help you provide a strong defense. We represent businesses in Jackson, Nashville, and Memphis, among other areas of Tennessee.Guidance in Employment Matters
Employers in Tennessee need to follow many federal and state anti-discrimination laws, as well as the federal wage and hour law. Workplace policies and employment handbooks can outline a standard of conduct for employees, supervisors, and managers so that employees are protected from discrimination, harassment, and retaliation as required by the law.
An employer's size helps determine whether certain laws apply to its employees. For example, if you are an employer with fifteen (15) or more employees, your business is covered by Title VII, which protects employees from discrimination on the basis of race, national origin, color, religion, and sex. If you are an employer with eight (8) or more employees, you are covered by the Tennessee Human Rights Act, which protects employees from discrimination on the basis of creed, race, national origin, sex, disability, religion, and age. Discrimination on the basis of age under both the Tennessee Human Rights Act and the federal Age Discrimination in Employment Act is limited to individuals who are at least 40 years old.
Naturally, when an employer invests its time and resources in an employee, also often giving the employee access to confidential information and the goodwill of its clients or customers, it wants to ensure that the employee cannot then quit and use that information in a way that damages the employer's business. Therefore, in certain applicable situations, it may be very helpful to an employer to include a non-compete clause in its employment agreement. A non-compete clause generally provides time and/or geographic constraints against competition to help ensure that the employee will not use the employer’s confidential information, training, and/or client base to directly compete with the employer when the employee leaves. It is important that you consult an employment attorney in Tennessee who can make sure that the non-compete clause is enforceable because courts will not enforce a non-compete clause that is overly restrictive. For example, a non-compete clause should specify reasonably necessary geographical, time, and subject matter limits in order to be enforceable.
While Tennessee law does not require that a severance package be offered to terminated employees, negotiating these packages may help you avoid costly and time-consuming wrongful termination litigation down the road. Severance packages generally include a release of claims, such that if the employee accepts the severance, the employee may not later state a claim of discrimination, harassment, retaliation, or other mistreatment. An employee is more likely to agree to release claims if the severance package is tailored and presented appropriately. At The Salonus Firm, our experience and insights from working with, and representing employees, is used to ensure that your business’s severance package is both fair to the employee and appropriately protects your business.Seek Assistance from an Employment Lawyer in Tennessee
The Salonus Firm is here to help employers navigate tough business situations while also following the federal and state laws with respect to their employees. Tennessee employment attorney Jessica Salonus can explore the details of your situation and develop a strategy for your business. Call us at 731-300-0970 or use our online form to set up an appointment. We also can assist children and families who need a special education attorney to assert their rights.