How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LADYLAWYER Your Own Question

LADYLAWYER
LADYLAWYER, Lawyer
Category: Legal
Satisfied Customers: 6531
Experience:  Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts
7887522
Type Your Legal Question Here...
LADYLAWYER is online now
A new question is answered every 9 seconds

About 3 months ago, I found a sales mgr at the dealership I

Customer Question

About 3 months ago, I found a sales mgr at the dealership I worked for committing fraud.He said GM OK'd it . When we both went to GM and I stated that was fraud, the sales mgr said he would never commit fraud. At this time I presented a newspaper article that showed he had been indicted for mortgage fraud in Kansas City.Another emplyee had put in on my desk. I was warned to not tell anyone else by the GM and his regional boss.I was also told that I could quit if I wanted but the dealership had to have him to survive. Since then I have been contiually harrassed.On 11/23/10 I was fired because I sign "signature on file" on a product form for Safeguard which they said was ok. On an earlier occasiion another finance manager signed the customer's name and all he got was a write up. I've been with Autonation nearly 8 years and I've never had a written reprimand of any kind and I have always been one of their top producers. I was asked to leave and not even allowed to get my personal items
Submitted: 4 years ago.
Category: Legal
Expert:  LADYLAWYER replied 4 years ago.

Hello,

 

So they fired you from your job because of this?

Expert:  John Legal replied 4 years ago.

Thanks for asking Just Answer:

 

Tennessee is an employment "At-Will" state. Generally, this means that an employer may legally hire, fire, suspend or discipline any employee at any time and for any reason - good or bad - or for no reason at all. However, an employer may not discriminate against any employee on the basis of the employee's race, sex, age, religion, color, national origin, or disability.

 

Your facts may fall under the Whistle Blower's Law: Under the Tennessee "WHISTLE BLOWER'S LAW", the employer may not take any reprisal against an employee who advises the employer that the business is in violation of a law and the employee either discloses, threatens to disclose, or testifies about the violation of law, or the employee objects to or refuses to participate in an employment act in violation of law. This law may be found at Tennessee Revised Statutes Title 50-1-304.

Please click Accept so that I receive credit for my response.



Edited by John Wills on 12/1/2009 at 1:08 AM EST
Expert:  LADYLAWYER replied 4 years ago.

Hi,

 

Sorry if there was any confusion with another expert jumping into the question. Apparently he did not see I was already helping you with this.

 

Tennessee protects employees who are discharged or terminated for refusing to participate in illegal activities or for speaking out about illegal activities. These claims are created under Tennessee common law and under a statute, the Tennessee Whistleblower Act, Tenn. Code § 50-1-304. See discussion in Guy v. Mut. of Omaha Ins. Co., 79 S.W.3d 528 (Tenn. 2002). Generally speaking, an employee must file such a claim with the appropriate court within one year of learning of the employer's decision to terminate employment. You may see the full TN statute here: http://www.peer.org/docs/tn/whistleblower_protection_law.pdf

 

Federal law has created other whistleblower claims, too. For example, the Sarbanes-Oxley Act of 2002 creates an administrative complaint procedure and a federal civil cause of action designed to protect the employees of publicly traded companies who lawfully provide information or otherwise assist in an investigation regarding any conduct which the employee believes constitutes a violation of federal mail, wire, bank, or securities fraud statutes, any rule or regulation of the Securities and Exchange Commission, or other provisions of federal law relating to fraud against shareholders. Sarbanes-Oxley prohibits publicly traded companies and their officers, employees, contractors, subcontractors and agents from discharging, demoting, suspending, threatening, harassing or in any other manner discriminating against an employee in the terms and conditions of employment because the employee engages in conduct protected by the Act.

 

It sounds to me as if you are afforded protections under both state and federal law. In would suggest you see a local labor/employment attorney ASAP in order to preserve your claim. You can find one here: www.martindale.com.

 

If you have any more questions, I will be happy to answer them. If you would like to accept my answer, make sure you do so in the top of my box so I can get credit for helping you. Thanks!

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
LADYLAWYER
LADYLAWYER
Lawyer
6531 Satisfied Customers
Civil; Family; HOA; Landlord/Tenant; Real Estate; Probate; Insurance; Immigration; Wills & Trusts