Knoxville Employment Lawyer


About Knoxville Employment Law

Knoxville employment law encompasses several different areas. As an employee, you are entitled to your rights, just as in any other situation. You cannot be discriminated against due to your race, gender, or age. Also, if you are pregnant, disabled, or you’re a veteran, you can’t be mistreated in the workplace.

Another thing that many people don’t understand is that you have rights, even when you’re injured on the job. There are laws that protect you from retaliation from your employer for doing what you are supposed to do, such as reporting violations or providing an honest testimony in court.

If you are a full time employee, an employer cannot force you to work beyond the standard 40 hour work week without proper compensation, such as overtime and holiday pay. Employers are required to pay you a minimum wage, following the guidelines of state and federal employment laws. Failure to do so is a violation of the law, as well and your rights.

It can seem scary or impossible to fight discrimination or harassment in the workplace, but The Law Office of James W. Friauf is here to help you step-by-step to help make the entire process less scary. It’s important to know your rights as an employee. Below, you can find more information about the different types of employment law cases we handle, here in Knoxville TN.

Reasonable Accommodations (Disability, Religion)

The law applicable to persons with disabilities, the ADA, changed greatly in the year 2008. Congress and the EEOC made clear that your employer is to direct its focus not on whether you may have a disability, but what accommodations are appropriate for its employees with disabilities. Accordingly, employers are to make “reasonable accommodations” for their employees unless such an accommodation would cause an “undue burden” on the employer. For example, if you are otherwise qualified for your job as a cashier or postal clerk so long as you may sit down, you may be entitled to a seating accommodation to allow you to do your job. Additionally, if your eyes are sensitive to light due to an injury or illness, you may be entitled to wear sunglasses while working outdoors. Furthermore, you may even be entitled to job-protected time away from work as a reasonable accommodation if such leave is not otherwise unreasonable. This issue often arises in the context of an employee who has run out of FMLA leave but anticipates a return to work in the near future.

Your employer may be required to accommodate your religious practices under certain circumstances. This issue oftentimes arises in the context of scheduling (i.e., Christian church or mass attendance on Sunday, Jewish observance of the Sabbath on Saturday, etc.). Unless it is an undue burden, your employer must provide you accommodations to practice your religion. In the same respect, under many circumstances, your employer may have to provide an accommodation to its practices in order to allow you to wear religious garb. A recent example of this type of accommodation is the United States Supreme Court case, EEOC v. Abercrombie & Fitch in which the Court held Abercrombie could not refuse to hire an employee who wore a headscarf to her interview out of fear it would have to provide her a religious accommodation to wear the headscarf while working, which it asserted was a violation of its “Look Policy.”If you believe you are in need of a reasonable accommodation, or if your employer has denied you a reasonable accommodation requested as a result of your mental or physical disability or your religion, please contact us to further discuss your legal rights.

Employment Contracts

Our firm regularly assists employees and non-profit and small businesses with employment contacts. As part of this process, we advise as to whether or not certain “covenants not to compete” or “non-competition agreements” are valid as to such things as subject matter, geographical scope, and duration. We also assist clients who believe their current or prospective business relationships are being improperly interfered with by, for example, a former employer or a competitor.
If you are an employee seeking legal guidance in interpreting your employment contact, covenant not to compete, or believe your present or former employer is improperly interfering with your attempts to seek employment, please contact our firm for further information as to your legal rights. If you are a non-profit organization or small business and wish to discuss the appropriateness of an employment contract and non-compete agreement for an employee, we are happy to assist you.

When you need a dedicated Employment lawyer in Knoxville, TN

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