Simple possession or casual exchange is the lowest drug offense there is in Tennessee. If you did not have enough of a controlled substance on you to be charged with a felony possession, trafficking, or sale charge, then simple possession is another option for the prosecution. What constitutes "simple possession or casual exchange" in Tennessee ? T.C.A. 39-17-418 prescribes simple possession or casual exchange as knowingly possessing or casually exchanging a controlled substance, unless the … [Read more...]
Driving Under the Influence in Tennessee DUI
February 6, 2019 by
Driving under the influence (DUI) in Tennessee may result in serious consequences including but not limited to significant fines, restitution, DUI classes, court costs, and incarceration. The conviction may also result in loss of driving privileges, suspension of a drivers license, increased auto insurance premiums, and collateral adverse employment actions such as termination of employment. There are a number of factors to determine the disposition of a DUI charge but the prevailing factor … [Read more...]
Elements for a Charge of Assault and Battery
February 5, 2019 by
The distinction between an assault and battery and Tennessee is very little and battery falls within the definition of assault in the criminal code. Historically battery was a separate act and crime requiring actual physical contact and considered a completed assault. Modern statutes now join the separate elements of assault and battery into assault as defined below. The elements for assault set out in T.C.A. 39-13-101 are the following: A person commits assault who: (1) … [Read more...]
Tennessee Orders of Protection
January 15, 2019 by
An Order of Protection is an Order signed by a judge upon a Petition prohibiting you from contacting or going near another person. Tennessee law on orders of protection are often misunderstood as only applying in circumstances of where a domestic relationship exists. This does not apply in the context of harassment and stalking where an order of protection can be issued without such a domestic relationship.If the victim happens to be a minor child at the time of the incident, then the guardian … [Read more...]
Is the other parent of your child willfully under-employed to avoid paying child support?
January 14, 2019 by
Tennessee courts can modify child support up or down if a parent has a significant change in income. However, courts won't allow a noncustodial parent to decrease child support if he or she is willfully unemployed or underemployed. There are a number of factors to determine whether the other parent of your child is willfully and/or voluntarily unemployed and/or underemployed.The Guidelines do not presume that a parent is willfully underemployed. TENN. COMP. R. & REGS. … [Read more...]
Is Your Boss that is Sexually Harassing You Really Your Boss Under Title VII?
March 6, 2018 by
The news on the issue of sexual harassment is prevalent today and government bodies are enacting new laws affording additional protections and companies are reevaluating their policies, procedures, and best practices. The common understanding is that if a supervisor is the perpetrator of sexual harassment, then actual notice of the offending acts is imputed on the employer. However, what qualifies a person as a true manager or supervisor under Title VII of the Civil Rights Act of 1964? This … [Read more...]
Religious Discrimination in the Workplace
March 5, 2018 by
There are various forms of religious discrimination in the workplace. If you have been denied work or a promotion, harassed at work, or denied an accommodation at work because of your religious beliefs or practices, or because of your lack of certain religious beliefs you may have recourse. Title VII of the Civil Rights Act of 1964 (Title VII) prohibits employers from discriminatory conduct in the work place on basis of religion or spiritual faith. With respect to religion, the EEOC sets out … [Read more...]
Two Federal Circuits Recognize Sexual Orientation as Discrimination Under Title VII
March 2, 2018 by
Our firm had the privilege of representing a client in a federal lawsuit alleging gender based discrimination on account of his sexual orientation that involved gender stereotyping. That matter was resolved but it was a plausible avenue to the Supreme Court though leading cases were filed prior to that matter. The majority of federal circuits have failed to recognize such a cause of action, however the second and seventh circuit court of appeals have recognized that discrimination … [Read more...]
Tennessee Occupational Safety and Health Act Prescribes Exclusive Remedy for Retaliatory Discharge
February 23, 2018 by
In the plaintiff's Complaint, she alleged she was employed by AAI, a wholly-owned subsidiary of Edwards & Associates, Inc., and her job entailed finishing interior plastics. She alleged that on October 24, 2006, she reported an OSHA-reportable violation pertaining to fiberglass sanding to her supervisor, and that her supervisor told her to directly confront the employee, in violation of regulations. One of the major questions put before the Court was whether the discretionary administrative … [Read more...]
