Memphis attorney Vincent Perryman discusses Employment Law on LegalEase with Edgar Davison

Memphis attorney Vincent Perryman discusses Employment Law with Edgar Davison. Employment law involves all the rights and responsibilities of the employer and employee in the work place. It involves wrongful termination, unemployment disputes, severance. A wrongful termination case involves an illegal firing of someone. Tennessee is an Employment at Will state, meaning you can be terminated for any reason what so ever. Exceptions are involved if you have a contract and the terms of the contract are breached. Another reason would be a retaliation case where you are fired for whistle blowing. The most common wrongful termination is when an employer discriminates based on age, race, sex, etc. This is the Title 7 act and prevents the employer for terminating because of these reasons. Typically you have to be over 40 to file age discrimination. Wrongful termination is difficult to prove which is why an attorney is necessary. The first qualification of wrongful termination is if you fall into a specific category; age, race, sex. The second qualification is

To start a wrongful termination case contact an employment attorney and you must first get a written description of all the reasons you were fired. Take good documentation of all the steps you take during the termination. Attempt to file a grievance with your company if you have a grievance department. If you are a member of a union first file the grievance with the union representative first. If you are harassed, sexually or otherwise you need to report this to the HR representative first to get it documented. All wrongful termination cases must be filed within 300 days of the termination. Filing an EEOC requires detailed paperwork to be filed which an employment attorney can assist you with. Without filing you will not be able to sue for wrongful termination. After being terminated the grievance processes must be adhered to internally in the company. Before being this process it is a good idea to consult the attorney first. In Tennessee there is no documentation required to be terminated. You can receive a termination notice but you do not need to. After termination it is a good idea to file for unemployment. In the event the employer refuse the unemployment claim you can still file again

After termination an employer must provide employees with a Cobra notice to insure you. If you do not receive the notice within 30 days it is a good idea to contact an employee attorney. Also look for your final paycheck within 21 days after termination. In Memphis Tennessee the employer doesn't have to compensate for earned vacation pay or sick leave pay. Employers can enlist an attorney to draft a good policy list that is posted to protect the employer from wrongful termination suits. This is required by law and the attorney can make sure these policies are drafted properly and distributed to the employee. As an employee it is a good idea to keep a copy of all this documentation from an employer. Questions to ask an employment attorney to determine their merit would be how long they have been in the area, how much they will charge, how many wrongful termination suits they have handled. The success rate is very low for the employee winning a wrongful termination case.