Employment Law

Discrimination Leads to Nashville Wrongful Termination Lawsuit

by Staff Blogger | September 9th, 2015

Tennessee state law protects employees from discrimination based on factors such as sex, religion, gender, and race. That’s why one worker from Lebanon, Tennessee, filed a lawsuit against his former employer, claiming he faced workplace discrimination and wrongful termination because of his sexual preference.

The victim, who identifies as homosexual, was an on-site staffing coordinator for Abacus Corporation, a Lebanon-based staffing firm. The man says that he fired an employee for making discriminatory remarks and walking off of the job. He was then terminated from his position the next day.

The victim asked for a reason for his firing, but a termination letter explaining the company’s actions was never issued. This prompted the victim to file a lawsuit against his former employer on September 4.

According to an article from WKRN 2 News, the lawsuit is seeking $400,000 in damages for lost wages and benefits. The victim is also seeking an unspecified amount for damages including emotional distress, loss of quality of life, embarrassment, and humiliation.

The victim’s former employer has denied the allegations and says it will defend its position in court.

At Ponce Law, we know how difficult it can be to recover from being let go of a job. Our Nashville wrongful termination lawyers are hopeful that a resolution in this case brings a sense of closure to all parties involved.

Hardeman County Sheriff Files Tennessee Wage Dispute Lawsuit

by Staff Blogger | August 12th, 2015

Tennesseans work hard for their money. And when an employee doesn’t receive the compensation they’re supposed to get, it can result in a Tennessee wage dispute.

This is precisely what happened recently in Hardeman County when the sheriff filed a lawsuit against the mayor and the county in response to salary cuts.

An article from The Washington Times explains that the suit was filed when the sheriff was made aware of the reductions in pay to a number of his department’s employees through the county’s 2015-2016 budget. He claims that two employees’ salaries were slashed by as much as $5,000 per year.

State law says a sheriff’s department employee’s salary cannot be cut without the approval of the sheriff. Furthermore, if a county official disagrees with the amount of compensation allocated to an employee, a lawsuit must be filed to settle the matter.

The Sheriff is hoping that the suit will result in his employees’ original salaries being reinstated.

Protecting employees’ rights is a top priority of the Nashville employment lawyers at Ponce Law. That’s why our legal staff is hopeful that a decision in this case will bring closure to the Hardeman County employees affected by budget changes.

Nashville Attorney Successfully Represents Employment Discrimination Victim

by mdp | August 7th, 2015

Ponce Law attorney Nina Parsley recently negotiated a successful outcome for a client in a disabilities discrimination case. Our client had been wrongfully terminated when his boss found out he has HIV/AIDS. His disease did not affect his ability to perform his job duties. Nina says, “No one should be fired just because of social stigmas associated with having certain medical conditions or disabilities.”

Our client was told by his former employer that he has too many issues going on to do his work—even though he was managing his condition with medication. After filing a lawsuit on our client’s behalf, Nina was able to negotiate payment of all of our client’s back wages and additional compensation for the humiliation and embarrassment he went through.

Our client is now working for a good employer who appreciates his contributions, and his former employer learned a lesson about discriminating against workers with disabilities. Nina Parsley is a skilled Nashville employment discrimination attorney who is not afraid to take on employers who discriminate. She has also successfully litigated numerous cases involving sexual discrimination, racial discrimination, age discrimination, and wage and hours violations.”

Nashville Construction Workers Go on Strike for Better Treatment

by Staff Blogger | July 27th, 2015

Officials estimate that by 2035, Nashville will have as many as 2.6 million residents. This would make the city larger than Denver, Colorado, is today.

With so many people expected to flock to the region, it’s no surprise that the construction industry is booming in Nashville. Unfortunately, many construction companies do not provide workers with fair wages and worksites can be dangerous. The Nashville employment lawyers at Ponce Law explain these issues can lead to disputes between workers and employers.

In fact, a group of eight Tennessee construction workers recently went on strike to bring attention to the low wages they receive and the risks they face. WKRN News issued a press release from the group that highlighted specific instances where their employer had mistreated the striking workers.

The owners of the construction companies in question have denied any wrongdoing, and the workers say they will stay on strike as long as it takes to see a change.

At Ponce Law, we believe in protecting the rights of Middle Tennessee’s workers. That’s why our Nashville personal injury attorneys are hopeful a resolution in the matter can be reached soon.

 

Nashville Employment Lawyers Discuss Workplace Discrimination

by Staff Blogger | May 13th, 2015

In Tennessee, the law protects workers from discrimination based on factors such as religion, race, ethnicity, sex, age, and disability. If a worker is mistreated or fired for any of these reasons, the Nashville workplace discrimination lawyers at Ponce Law explain that you may have rights to compensation.

A prime example is the case of a former Bedford County Jail guard who was fired because she is a woman. According to the Times-Gazette, the woman could be awarded as much as $75,000 in addition to the $385,000 back pay she was awarded after being fired due to her gender.

Reports indicate the female guard was on duty on the night a prisoner escaped. She was assigned to check the cells of female inmates, while a male guard was in charge of checking on male inmates. Although she had no contact with the inmate who escaped, the female guard was fired and the male guard was allowed to keep his job.

The woman filed suit against her former employer, citing other occasions where favor was given to male employees over females. A jury agreed.

At Ponce Law, we know the emotional and financial damage that can result from on-the-job discrimination. Our Nashville employment lawyers are here to answer your questions if you believe you were terminated from your position due to discrimination.

Ruling States Tennessee Undocumented Workers Have Equal Rights to Workers’ Compensation

by Staff Blogger | April 1st, 2015

When most Tennessee residents are injured on the job, they have the right to seek workers’ compensation benefits. But do undocumented workers have equal rights to workers’ compensation benefits after work injuries?

The Nashville workers’ compensation attorneys at Ponce Law explain that a recent court ruling states the answer to that question is yes—undocumented workers have rights to the same scale of work comp benefits as documented workers.

Reports indicate a Davidson County Chancery Court judge issued the ruling earlier this week after hearing the case of Carlos Martinez, a 39-year-old undocumented worker from Guatemala. The man was using a lawnmower when he slipped and fell. He was then struck by the machine’s blades and suffered serious injuries to his arms. Brian Dunigan, a senior attorney at Ponce Law, represented Mr. Martinez on the case.

Due to the victim’s status as an undocumented worker, The Tennessean explains that he was facing a cap on the amount of workers’ compensation benefits he could receive for his injuries. But Chancellor Russell T. Perkins ruled the law unconstitutional because it attempted to preempt federal immigration law.

“This was one of our major driving points in bringing this case, was test that statute,” stated Mr. Dunigan. “These folks come here to work, and it just winds up being a very unfair situation.”

As a result of the ruling, Martinez was awarded about $30,000 in wage loss damages.

A spokesman for the Tennessee Attorney General’s office stated that the office was reviewing the outcome of the case and what their next steps may be.

At Ponce Law, we believe every worker deserves fair treatment and compensation after a work injury, and our Nashville personal injury lawyers are pleased with the results of this recent ruling.

Celebrating 25 Years of the Americans With Disabilities Act

by Staff Blogger | March 25th, 2015

Every American worker—including those who are disabled—have the right to fair treatment on the job. That wasn’t always the case, though. It wasn’t until 25 years ago that these rights were established when the Americans with Disabilities Act of 1990 (ADA) was signed into law.

The ADA outlines policies that prohibit employers from discriminating against a worker due to a mental or physical disability. In order for a disability to be covered under the ADA, it must be serious and permanent.

To celebrate the anniversary of the signing of this law, an event was held at the Bob Bullock Texas State History Museum. The program was highlighted by a speech given by one of the men responsible for pushing the ADA into law, Lex Frieden.

An article from the Austin American-Statesmen explained how Frieden discussed how crucial it is for disabled Americans to be their own best advocates and to develop partnerships with others. He also pointed out the importance of strong leadership and perseverance in the face of adversity.

At Ponce Law, we understand the impact the ADA has had on the American justice system, and our Nashville personal injury lawyers would like to take this moment to applaud our nation for taking such strong steps to protect disabled citizens from discrimination.

Nashville Employment Lawyers Discuss Three Common Workplace Disputes

by Staff Blogger | March 11th, 2015

Employers in Tennessee have a right to hire and terminate employees at will, there are certain laws that protect workers in our state from being treated inappropriately on the job or paid unfair wages. The Nashville employment lawyers with Ponce Law explain there are three common violations of these laws:

  1. DiscriminationUnfair treatment of an employee due to his or her age, sex, gender, religion, or ethnicity is strictly forbidden in the Tennessee workplace. Individuals may also be discriminated due to sexual preference or a disability as well. The latter is specifically prohibited under the Americans with Disabilities Act.
  2. Wage DisputesState law protects workers from being required to work more than 40 hours per week without overtime pay. It also establishes the minimum wage an employer can pay workers. Any failure to abide by these regulations can result in a civil lawsuit.
  3. Sexual HarassmentThe Tennessee Employment Law Center explains that any sort of unwelcome sexual advance, conduct, or request is considered discrimination under Title VII of the Civil Rights Act of 1964. Furthermore, any act or conduct that significantly interferes with a worker’s performance and creates a hostile, intimidating, or offensive work setting can be considered sexual harassment.

If you’ve been the victim of an employer’s misconduct, it’s important to know that help is available. At Ponce Law, our legal staff is standing by to assist you any way we can, whether it’s answering your questions or helping you start the Tennessee employment dispute claims process. We can be reached by calling (800) 363-9113 anytime.

How Does the Tennessee Healthy Workplace Act Protect Workers?

by Staff Blogger | February 11th, 2015

Many Tennesseans get along well with their bosses and coworkers, but some deal with abuse, discrimination, and bullying on the job. The Nashville employment lawyers with Ponce Law want anyone who is the victim of such behaviors to know there are laws protecting you and help is available.

An article from The Wall Street Journal reports that last year, Tennessee passed a law called the Healthy Workplace Act. This piece of legislation states that individual employees in the public sector can be held liable for abusive or discriminatory acts. Furthermore, the law encourages organizations to create policies that will curb bullying, sexual harassment, and other such behaviors.

Having legislation like this on the books is one thing, but holding those who break Tennessee employment laws accountable for their actions is another. The process of filing a claim, presenting evidence, negotiating a settlement, and even going to trial can be complicated.

At Ponce Law, we have years of experience helping employees who have been harmed on the job get the compensation they deserve, and our lawyers have the knowledge to help answer your questions about discrimination or abuse on the job in Tennessee. Call us today at (800) 363-9113.

 

Student Athletes File Nashville Wage Dispute Lawsuit Against Conferences and Event Broadcasters

by Staff Blogger | October 15th, 2014

Tennessee state law requires that an individual be compensated for the work that they perform. An exception to this rule is made for student athletes, who are often required to sign releases stating they are not being paid. However, 10 former athletes who say these releases are “unconscionable and vague” have filed a Nashville wage dispute claim.

Court documents show the athletes were all participants in televised games. They believe the broadcasters and networks that aired the games were making billions of dollars, while the athletes were only receiving compensation for their costs to attend the game. According to an article from ESPN, the athletes believe they should be fairly compensated for the use and licensing of their names and images.

Furthermore, attorneys accuse the broadcasters of “colluding” with conferences, like the SEC, to control and limit the amount of compensation student athletes can receive.

The case was filed on Friday in U.S. District Court in Nashville and will be heard sometime in the near future.

At Ponce Law, we understand the importance of having laws in place that protect workers’ rights to fair and equal compensation. That’s why our team of Nashville employment lawyers are hopeful a decision in this case will bring closure to the athletes who feel they have been treated unfairly.