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Hiring & Firing › TN Supreme Court

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Bradley Arant Boult Cummings LLP

Employee Quits and Then Slips: Covered Under Workers’ Comp or Not?

Bradley Arant Boult Cummings LLP on

Is an employee who quits her job then injures herself before she gets out the door still covered by workers’ comp? In a recent Tennessee case of first impression, the court ruled that after an employee says “I quit,” the...more

Baker Donelson

The Jury's Out of the Game and Employers are Back on the Bench: No Right to Jury Under the Tennessee Public Protection Act

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Recently, the Tennessee Supreme Court quietly passed down David G. Young v. City of LaFollette, which changed the face of labor and employment litigation in Tennessee. In Young, the Court held, among other things, that "there...more

Bradley Arant Boult Cummings LLP

Remember the ADA: Workers’ Comp Claims Count Too!

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Regardless of your state’s workers’ compensation laws, covered employers must always keep the Americans with Disabilities Act (ADA) in mind when wrestling with whether to ask job applicants about prior workers’ compensation...more

FordHarrison

Tennessee Supreme Court Throws Out Applicant's Workers' Compensation Retaliation Claim Against Prospective Employer

FordHarrison on

On August 21, 2015, the Tennessee Supreme Court held that a job applicant does not have a cause of action under the Tennessee Workers' Compensation Act (TWCA) against a prospective employer for failure to hire based on the...more

Miller & Martin PLLC

A Surprising Holding by the Tennessee Supreme Court Regarding Workers' Compensation Retaliation Claims

Miller & Martin PLLC on

On Friday, the Tennessee Supreme Court held in Yardley v. Hospital Housekeeping Systems that applicants are not eligible as a matter of law to assert "failure to hire" claims based on even the admitted fact that the reason...more

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