TN Unemploymentm Workers Comp and other TN laws Flashcards
For TN unemployment have to have
employ 1 or more employees during some part of 20 weeks
TN Dpt of Labor and Workforce Development handles unemployment benefits
eligibility for unemployment in TN
- your past earnings must meet certain min thresholds
- you must be unemployed through no fault of your own, as defined by TN law
- you must be able and available to work, and you must be actively seeking employment
what if you are fired - regarding unemployment benefits
requires intentional or knowing disregard:
- conscious disregard of the interests of the employer
- deliberate violations
- carelessness or negligence of such a degree or recurrence to show an intentional or substantial disregard of the employer’s interest
absenteeism/tardy
deliberate disregard of a written attendance policy and the discharge is in compliance with such policy
Ct - basic right of employer to expect employees to come to work on time
insubordination
gray area
job performance
TN court is usually reluctant to permit employee’s inability to perform a job to defeat his claim for unemployment
often hard to prove recurrence to show an intentional or substantial disregard (most people who get fired did not mean to be an ineffective employee)
if fired for job performance - you get unemployment
Tennessee workers compensation law
applies to private employers who have over 5 employees
major changes began july 1,2014
TN Dpt of Labor - no more court
if you get hurt at work - this law applies to you
injury - for company to be liable under TN Workers Compensation Law
1) arise out of performing job duties
2)in the course of employment - clocked in or in the parking lot
does fault matter in work comp strict liability
fault does not matter (if it is your fault, they will stay pay for you under this law - medical bills)
hit someone in parking lot and school shooting example
how to calcualte workers comp
2/3 of weeks pay x weeks get
uniformed services employment and re-employment rights act (1994) –.> related to military leave (USERRA)
employers - 1 or more employees
Veterans Administration enforcement
employers under Uniformed Services Employment and Re-Employment Rights Act
must reemploy when return
forbidden discrimination in hiring, retention, promotion, benefits
unless employer proves impossible - undue hardship to retrain
jury duty
5 employees must pay for JD (minus what employees receive from govt)
govt pays little amount
breaks
requires 30min unpaid rest every 6hrs (not including 1hr lunch period)
personnel file
no law requires an employer to give an employee a copy of this/let them review
background checks
applicant must consent in writing
doc must be on separate from apart from application
negligent hiring
