Losing a job can feel like a gut punch.
Along with losing a steady paycheck, being laid off can mean losing health insurance and the stability of one’s daily routine.
These sudden changes can push families to their financial and emotional limits.
With layoffs rising nationally — U.S.-based employers announced 85,979 job cuts in August, a 39% increase from July — many Tennesseans now find themselves unemployed and navigating new challen- ges.
As an attorney at Legal Aid Society of Middle Tennessee, I help low-income clients face these challenges head-on.
Employment-related cases are just one part of the broad scope of civil legal services our organization provides across 48 counties in Middle Tennessee.
Our services aren’t only for people who have lost their jobs. We also work with clients who need protection of their rights at work or help keeping the jobs they already have.
Here are a few of the ways we can help.
Discrimination
Tennessee is an “at-will” employment state, making it more friendly to employers than workers.
Non-union employees can be hired or fired for almost any reason at all — as long as it isn’t discriminatory.
Workers who are terminated often assume their employer acted unlawfully, but some firings don’t meet the requirements of discrimination laws.
We help clients sort out whether a case involves discrimination and provide realistic guidance on the chances for success.
Discrimination can be difficult to prove and requires substantial evidence.
If someone has been treated unfairly because of race, nationality, gender, religion, age or disability, we can explain their rights and advise them on how to file a complaint with the Equal Employment Opportunity Commission.
Wage and hour claims
The Fair Labor Standards Act requires employers to pay at least minimum wage ($7.25 federally, though some states set higher rates) and time-and-a-half for more than 40 hours in a work week.
Unfortunately, some employers try to avoid paying overtime or underpay wages by convincing employees to accept a lower amount.
When that happens, we help clients file wage claims with the Tennessee Department of Labor, though sometimes we can resolve issues before a formal complaint is necessary.
Unemployment benefits
Tennessee, like other states, offers unemployment compensation for eligible workers.
To be eligible, you have to have a base period of earnings that is eligible, you have to be terminated at no fault of your own, and you have to remain able and available to work.
People can be denied for a multitude of reasons, and sometimes those reasons are not clear. At Legal Aid Society, we will evaluate your case and advise you on your options.
When clients have been unfairly denied unemployment benefits, Legal Aid Society can assist with gathering paperwork (such as correspondence with employers and official letters) and meeting any necessary submission deadlines.
Access to public benefits
For people already living on a low income, even a short period of unemployment can quickly lead to food or housing insecurity.
When clients come to us, we determine their eligibility for public benefits like SNAP and guide them through the application process.
When necessary, we also refer clients to our housing attorneys for assistance with eviction prevention or other housing issues.
How to get help
If you’ve lost your job, had benefits denied or believe your rights are being violated at work, Legal Aid Society may be able to help.
For more information, visit our website at https://las.org or call 1-800-238-1443.
• • •
Patty Sellars is an attorney at Legal Aid Society, Tennessee’s largest nonprofit law firm. Legal Aid Society offers free civil legal representation and educational programs to help people across Middle Tennessee receive justice, protect their well-being and support opportunities to overcome poverty. The firm serves 48 counties from offices in Cookeville, Clarksville, Columbia, Gallatin, Murfreesboro, Nashville, Oak Ridge and Tullahoma. Visit www.las.org or by following the firm on Facebook.