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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12952
Experience:  Significant experience in all areas of employment law.
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I was hired as a seasonal employee and after 30, I started

Customer Question

I was hired as a seasonal employee and after 30, I started trying to get on full time and was told by rec ruiter that I was in his spotlight. 60 days, he was working on it. 90 days, I was given vacation and retirement. So I asked my supervisor and was told that i HAd beem made full time. Obviously over the next three months my spending habits grew knowing that I had been made full time. At 5.5 months, I went in to work and was told that my seasonal assignment was over. I explained my situation and she told me that I needed to speak with the recruiter. I went in monday morning still trying to reach the recruiter and was told that I had been made full time on accident, but they would call me when they had an opening. Is there anything I can do and wouldnt they be required to at least pay me for my vacation pay. Tennessee
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Tennessee
JA: Is the employment agreement "at will," union, full time or part time?
Customer: I was hired at will but was told that I had been made full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: There is more to it but didnt have room to explain in more detail.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, employment in the state of TN is "at will" absent an express agreement to the contrary. At will employment can be terminated or modified for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination or modification is fair, reasonable or even true.

So, I'm afraid it would not be illegal to revert you back to seasonal, even if this was being done simply due to an error on the part of your employer. With regard to vacation time, your entitlement to payment for accrued days would depend on what your employer's policies say. If they have a policy requiring payment of accrued vacation upon separation of employment, they would have to pay you. But since the law does not require employers to offer paid vacation in the first place, they are free to do with it as they please and in the absence of a clear policy requiring payment they are not required to pay for this time. (See TN Atty Gen. Opinion No. 06-169.)

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

Customer: replied 2 months ago.
basically all I can do is write them a letter and request to be paid for my accrued time considering a full time employee would get paid for there time when they left the co mpany
Expert:  Patrick, Esq. replied 2 months ago.

Well, if it's their policy to pay full time employees accrued vacation when they leave, you can probably argue you are entitled to payment because you were in fact full time, even if you were only designated as full time by mistake.

Customer: replied 2 months ago.
Thank You
Expert:  Patrick, Esq. replied 2 months ago.

You are very welcome. If there is anything more I can do for you just let me know. It's my pleasure....