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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111575
Experience:  20+ Years of Employment Law Experience
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I received the right to sue my employee

Customer Question

I received the right to sue my employee for discrimination of race and now they are to trying to bring a case before me about and employee that hired and and employee can't fired the employee. I need to find a case where a employee hired and employee but when that employer fired the employee they was on workman's comp.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that we do not understand what "a case where an employee hired and employee but when that employer fired the employer they was on workers comp" means. Also, what does "a case before me about and employee that hired and and employee can't fire the employee," mean?
There is no law that forbids an employer from firing an employee while on workers compensation. Family and Medical Leave Act Leave (FMLA) runs at the same time of workers compensation and an employee's job is protected for the 12 weeks under FMLA (if the employee qualifies for FMLA) while out on workers compensation. Once the FMLA time is up, the employee is no longer protected by the law and can be terminated.
Employment in TN is considered at will, unless there was a written contract for employment to the contrary. The at will employee can be terminated for no reason or any reason EXCEPT based ONLY on the age/race/sex/disability/national origin of the employee.
Customer: replied 1 year ago.
Can I email you a document they sent me and no I did not have a conference call with him an agree to any date's nor to not go before the judge. They are trying to send me all these rules I don't know.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You can upload the document here or to http://www.wikisend.com and send me the link here for me to review it.
Customer: replied 1 year ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you want to upload your document please do so. I am not set up for phone calls and also it will cost you additional money and I am quite sure we can handle your information through this forum without incurring an additional cost to you. Thank you for understanding.