Legal Question in Employment Law in Tennessee

Tennessee employer legal question: An employee working as a teller at a bank is told they will work a county fair booth with others, will not be paid but will get Comp time. The day of the event is her regular day off, but also became ill and incapacitated with a migraine working in the heat earlier that day and did not work the fair booth. She did not contact anyone until the next day when she called one of the other workers scheduled that evening.

The next week, she is asked to come to the office where she is reprimanded for not contacting higher management, told she is being put on 6 months probation, will work another upcoming county fair after hours for Comp time or be terminated. Is this all legal? Thank you!

Asked on 7/26/10, 5:33 pm

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

I would be more concerned about forcing the employee to work overtime for comp time instead of time and one-half. The FLSA's restrictions on forcing employees to take comp time are pretty tight and I would recommend getting a legal opinion about this before doing it. As to the discipline, that should be fine because the employee is disobeying a direct command to work. So long as the treatment is consistent with others.

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Answered on 7/28/10, 7:24 am

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