Legal Question in Employment Law in Tennessee

Point system

I work in a place that has a point system, after 7 points you are automatically fired. The points can be worked off, but usually it takes 2 months to work one point away.

I've had several rumors and lies circulating around me about 3 months after I started.

I believe the Employer wants me terminated due to this, thinking I cause a sort of disturbance. I'm quite and keep to myself, but every job I go to this starts happening. Jealously, perhaps..I've been told anyway.

We use a card to swipe to punch in and out, but it doesn't show the times. The company takes a point if we miss a punch or accidentally swipes another's card. Everytime I get a point worked off, my Superviser comes and tells me I missed a punch. I feel that's the way they are going to get me. There's no proof and that can be tampered with even if I did ask to see evidence.

Any advice please.


Asked on 12/29/06, 3:35 pm

1 Answer from Attorneys
James R. Becker, Jr. Becker Law Firm

Re: Point system

Generally speaking, the type of no-fault point system that you describe can violate the terms of the Family and Medical Leave Act ("FMLA"). However, the situation that you describe does not sound like a FMLA violation. Rather, what you describe sounds like the sort of personal issues that the law does not necessarily provide a remedy for.

Usually, the best thing to do in this type of situation, assuming there is no discrimination occurring, is to deal with the problem head-on. You cannot make it better by avoiding it. However, in dealing with the situation, you have to bear in mind that the employer has the ultimate authority to terminate your employment. At the same time, you have the ability to quit at any time you desire.

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Answered on 12/29/06, 9:10 pm


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