FAQs – Frequently Asked Questions

Q. Can I be fired for reporting a workers compensation claim?

A. No! Firing or taking any other adverse action against an employee for reporting a workers comp claim is illegal.

Q. I am a woman and I just found out I am being paid less than my male coworker who does the same job I do. Do I have a claim?

A. Quite possibly! Both genders must ordinarily be paid equal pay for equal work.

Q. I work more than 40 hours a week and am paid on salary. Should I be paid overtime?

A. Quite possibly! It doesn’t matter whether you are paid on salary or not for purposes of overtime. It depends on the nature of your job.

Q. I am in the National Guard and have been called up to active duty. Can I return to my job after my deployment has ended?

A. Most likely, yes! Under most circumstances, members of the military are entitled to job reinstatement once their military duties have finished.

Q. My mother has become very ill and I need to take time off from work to take care of her but my employer said no. Is this legal?

A. It may not be! Generally, if an employee works for an employer for at least a year and 1,250 hours and the employer has 50 or more employees, you must be granted FMLA leave to care for a spouse, child, or parent with a serious health condition.

Q. I am a nonprofit organization. Why should I hire you?

A. We have years of experience representing nonprofit organizations, charities, and low-income and public housing agencies and we charge rates that are more consistent with your mission than do larger firms.

Q. I was injured in a car accident. What is your fee for representing me?

A. It all depends on what you recover. If you recover nothing, you don’t pay us.

Q. If I am hurt in a car accident, do I have to go to court to receive money for my injuries.

A. No! Most cases settle and you never see the inside of a courtroom.

Q. I am a Public Housing Authority and I have a tenant whose doctor has given her a note certifying her duck as an “emotional support animal.” We do not allow pets. Do we have to allow the tenant to keep her duck?

A. Most likely, yes! Under Section 504 of the Rehabilitation Act, individuals with disabilities may have to be accommodated. Such reasonable accommodations can require modification to a “No Pets” policy in certain situations.

Q. I am a nonprofit corporation with 5 employees. Do I have to carry workers’ compensation insurance?

A. Yes! Organizations in Tennessee with 5 or more employees must carry workers’ compensation insurance.

Q. I am a religious institution. Am I required to hire an applicant that is of a different religion?

A. You may not. Although, generally an employer cannot discriminate in Tennessee on the basis of religion or creed, there are certain exceptions to this rule such as when being of the organization’s specific religion is a “bona fide occupational qualification.” You may wish to consult with an attorney before making such a hiring decision.

Q. I am interested in starting an animal rescue. Do I have to pay taxes on revenues earned?

A. Likely not if the proper procedures are followed. You will need to organize as a nonprofit legal entity and meet certain requirements under Section 501(c)(3) of the IRS Code. An experienced attorney can help you follow the necessary procedures to become tax exempt.

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