Legal Question in Employment Law in Tennessee

I have a relative that was dimissed from his employer (Subway sandwich shop) on the grounds that was listed on the dismissal slip as Insubordination which he signed. When he filed for his UIC(TN) was told(by the state of TN) that he was disqualified because he was Terminated due to Misconduct. The thing that struck me as rather odd in all of this is that Subway has not given him is Notification of Termination. He was dismissed on 5/01/2010 and it is now 5/25/2010. What can he do about the failure of Notification of Termination? This seems to me (in my opinion) that perhaps that his former employer has so to speak told the Dept. of Unemployment a un thruth to dissqualify him for his UIC? Is there anything that can be done to Just Only report them for failure to give him his Notification of Termination?


Asked on 5/25/10, 4:56 pm

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

While the employer is obligated to give a Notice of Termination, there really is not much of a penalty in the law for the failure. If your relative feels as if the termination was really not justified, it needs to be appealed to the Appeals Tribunal. The Tribunal will conduct a hearing (either in-person or telephonic) at which time your relative will be to tell his/her side of the story and possibly get a different determination.

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Answered on 6/02/10, 11:31 am


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