TN Employment Law question

[Guest Straight Shooter]

If anyone here is knowledgable about TN worker laws, Ive got a question for you. Lawyers, please, chime in.

My brother hired into a factory 3 years ago, and was hired in with gauranteed raises after cetain time periods, like 6 months, then a year, then two, and topping out at three years.

Last year, the company told him there were instituting a "pay freeze", and no one would be getting their raises they were promised when hired.

Recently, they changed their attendence policy, and in the handout sheet it said "Employees MUST adhere to attendance policies that you contracted to when you were hired". Now, if its good for the goose, outta be good for the gander too, right? I understand them not getting COLA raises, but the length of service raises that were part of the hiring contract, is it legal for them to deny this?

NOT looking for guesses or opinions, I just want people with knowledge of the legalities of this, as some of them are wanting to pursue legal action, if warranted.

Any help appreciated!

[Smith]

Don't know about their ability of legal action, however, I can tell you in TN if they do pursue something they will just be fired. There is nothing they can do about that. Unless they have signed contracts with those stipulations they are out of luck.

Besides what do they want? Bankrupt the company so that nobody gets anything? Times are hard for companies and employees.

[Guest jackdm3]

Don't know about their ability of legal action, however, I can tell you in TN if they do pursue something they will just be fired. There is nothing they can do about that. Unless they have signed contracts with those stipulations they are out of luck.

Besides what do they want? Bankrupt the company so that nobody gets anything? Times are hard for companies and employees.

Somehow, Kwik comes to mind.

[Guest Straight Shooter]

AGAIN, fellas. IM NOT looking for your opinions here, ONLY purely legal advice or recommendations. If there is anyone qualified to answer, it would be appreciated.

[Smith]

There are a lot of variables. My family is in business so it's not just opinion. We have dealt with many of these issues.

[Oh Shoot]

Well, one of our counselors (and authorized vendors) is Patrick Stegall, esq.

You might PM him and get him to post here so we can all benefit.

Can tell you that employment law is a specialty, but he might at least give you a generalized opinion.

I know years ago I consulted a couple of pretty high falutin lawyer friends about a labor matter, and they both referred me to a labor law specialist.

- OS

[MacGyver]

Tennessee is a right to work state. Unless he has those guarantees in a written employment contract (which is extremely unlikely for a line position), they aren't going to get him anywhere.

[Guest jackdm3]

Well, Hell, man. If you'd open up your account to receive PMs, I would have told you to connect with JReedEsq, bjec1248, P Stegall and xreedx. Because they don't visit as often like us, and would certainly see your mail whenever they log back on.

[Mike.357]

Unless there was a written contract between your brother and his employer there is not much your brother can do.

Company policies change all the time. Around here they just type up an addition to the handbook.

[monkeylizard]

+1 on the contract.

And even if a contract exists, the contract may have provisions for changing the agreement with a preset notification period.

As for coming down hard on attendance after freezing pay increases..... it's not ilegal. It's just bad for morale.

monkeylizard, BBA, MBA (not a lawyer, but did have more than a few H.R. and biz law classes)

[Guest 6.8 AR]

If he isn't covered by a collective bargaining agreement,

and he doesn't have any other binding agreement stating

those pay levels are guaranteed, he can't expect anything

more than what he has right now. This is a right to work

state. He may be lucky to have a job if they are changing

policies and compensation packages downward.

[Guest Straight Shooter]

Thanks Gents for all responses. Im gonna just ask around a few more places, if I can find out more on this Ill update yall on it.

[DaveTN]

NOT looking for guesses or opinions, I just want people with knowledge of the legalities of this, as some of them are wanting to pursue legal action, if warranted.

AGAIN, fellas. IM NOT looking for your opinions here, ONLY purely legal advice or recommendations. If there is anyone qualified to answer, it would be appreciated.

Thanks Gents for all responses. Im gonna just ask around a few more places, if I can find out more on this Ill update yall on it.

Okay, let us know how things work out.

[mikegideon]

If there's a written contract, with the raises spelled out as part of the package, you will have to sue them to collect. If they are line workers, there's usually no contract unless it's a collective bargaining agreement (as AR said).

A contract can be verbal, but there's a reason they write stuff like that down. You can still sue for breach of a verbal contract, but it's harder to resolve.

The chances of coming out ahead are slim to none. A lot of companies have been frozen thru the recession. You need a lawyer to accomplish anything.

[oldogy]

If anyone here is knowledgable about TN worker laws, Ive got a question for you. Lawyers, please, chime in.

My brother hired into a factory 3 years ago, and was hired in with gauranteed raises after cetain time periods, like 6 months, then a year, then two, and topping out at three years.

Last year, the company told him there were instituting a "pay freeze", and no one would be getting their raises they were promised when hired.

Recently, they changed their attendence policy, and in the handout sheet it said "Employees MUST adhere to attendance policies that you contracted to when you were hired". Now, if its good for the goose, outta be good for the gander too, right? I understand them not getting COLA raises, but the length of service raises that were part of the hiring contract, is it legal for them to deny this?

NOT looking for guesses or opinions, I just want people with knowledge of the legalities of this, as some of them are wanting to pursue legal action, if warranted.

Any help appreciated!

If it is legal answers your brother and his co workers are seeking let them hire an attorney who knows what the laws are and what his rights are. I know you did not ask for opinions but consider this.

Your brother was hired three years ago. The economy was doing well and companies were mostly doing well. The company had a business plan. Along comes this recession and along comes the current administration with the economic policies that have all businesses wondering what is going to happen. In short, their business plan fell apart. Many businesses, mine included, are operating under 'crisis mode' just to keep doors open and people paid. So my advice, I know you did not ask, is until your brother gets an accurate picture of the company's finances, and he may never, hire an attorney and keep his mouth shut. Would he rather be working without a raise or would he rather be looking for a job?

JMO only

oldogy