employmentlaw
Jason A. Lee, Esq.

Tennessee Caps on Damages for Sexual Harassment Cases

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Tennessee sexual harassment cases that are brought against an employer are governed by the Tennessee Human Rights Act. The underlying basis for claims against an employer for sexual harassment fall under the provision in T.C.A. § 4-21-401 that provides that it is a discriminatory practice for an employer to “fail or refuse to hire or discharge any person or otherwise to discriminate against an individual with respect to compensation, terms, conditions or privileges of employment because of such individual’s race, creed, color, religion, sex, age or national origin…”. Sexual harassment cases fall within this section and I have previously discussed the Tennessee law standard for a sexual harassment case in my prior blog post here.

It is important to note that there are specific caps on damages for Tennessee sexual harassment claims (as well as other discriminatory causes of action brought against employers under the Tennessee Human Rights Act).

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READ THE REST OF THIS POST AT TENNESSEE DEFENSE LITIGATION HERE

insurancedefense
Jason A. Lee, Esq.

$1.5+ Million Dollar Verdict Obtained in Sexual Harassment Case Against Tennessee Doctor

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In 2017 we went to trial on a case for our client in a sexual harassment/sexually hostile work environment case.  This was a 3 day trial in Rutherford County, Tennessee.  The Jury provided a verdict over $2.3 Million dollars (that was reduced to $1.5+ Million dollars by statute) against the medical clinic and the doctor.  This case was reported on here and here.

Our client reviewed our legal work as follows:

“I HIGHLY recommend Jason Lee as an attorney! I was referred to him by a friend who owns a business who has used him for years for legal issues regarding it. We took my case to trial recently which involved a sexual harassment claim against a company and we had a very successful verdict! Jason prepared me well for my deposition and trial and was focused the entire time. The best thing I did was meeting with him and, from that day on, Jason has been easy to contact, thorough, and professional. He is extremely passionate about justice and the law. He has kept me updated with every change and progress of my case. I never once felt like I was just another case file for him and I never felt like I couldn’t ask him questions or bring my concerns to him. Having an attorney who I can trust and communicate with has made the world of a difference for me and it has made this ordeal bearable. I don’t believe I would have ever made it as far with my case had I not met with Jason when I did. He kept me focused throughout the entire process. I will always be grateful for the time and effort he put into my case to make sure that I walked away with justice and peace of mind. I would use him again without question and refer him to anyone! He is definitely one of a kind and I am blessed to call him my attorney.”

Law
Jason A. Lee, Esq.

Tennessee Tort of “Intentional Infliction of Emotional Distress”

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Tennessee has the tort of Intentional Infliction of Emotional Distress which is an important cause of action that allows a plaintiff to recover damages when the conduct of the defendant is outrageous. There are very specific requirements for a plaintiff to be able to prove this cause of action in court. In order to support a claim for Intentional Infliction of Emotional Distress, the Tennessee Supreme Court has held that the following elements are required:

The elements of an intentional infliction of emotional distress claim are that the defendant’s conduct was (1) intentional or reckless, (2) so outrageous that it is not tolerated by civilized society, and (3) resulted in serious mental injury to the plaintiff. Regarding the first element, the law is clear in Tennessee and elsewhere that either intentional or reckless conduct on the part of the defendant will suffice to establish intentional infliction of emotional distress.

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READ THE REST OF THIS POST AT TENNESSEE DEFENSE LITIGATION HERE

Jason A. Lee, Esq.

Significant Car Accident Settlement for Client with Serious Injuries

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We successfully negotiated and obtained a substantial settlement for a client with serious injuries from a car accident in Middle Tennessee.  He experienced residual pain and long term problems from this accident.   Pursuant to his request, we were able to negotiate a fair settlement before we were required to file the lawsuit.

This clients review of our work is as follows:

“I was injured in an auto accident while working in a company vehicle due to someone else’s actions. A friend had hired Jason for a similar situation and highly recommended him. After a consultation, I knew he was the right person to help me with my situation. He was extremely clear on my options and expectations. I found him to do what he said he was going to do, and he did it in the time frame he said he would do it. His communication was outstanding thru the entire process of negotiating my settlement. Sometimes, I received multiple updates in the same day. I feel, I had the best possible outcome for my circumstances. I wanted someone to represent me I felt was fair, honest and ethical. He honored my wishes on how I wanted certain aspects of my case handled. I couldn’t be happier with my decision in hiring Jason. Top notch attorney and person in my book, 5 out of 5 stars. I highly recommend him and will use him in the future for my will and any other legal needs.”

employmentlaw
Jason A. Lee, Esq.

Successful 4 Day Arbitration Trial against National Car Retailer on Equal Pay Act and Title VII Sex Discrimination Claims

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We recently had a significant arbitration award for our client in an Equal Pay Act and Title VII Sex Discrimination case with a large national car retailer company after 18 months of litigation.  The details are confidential but it was a very successful result for our client.

Our client provided the following review:

“From my first conversation with Jason, he proved his competence as an attorney. He listened without interruption. He asked very specific questions that I allowed me to share my story in a comfortable way. ( I lived 190 miles away so I had to conduct this initial conversation over the phone.) I interviewed other attorneys, and none showed the competence or compassion that Jason did.
As everyone knows, litigation can be a long, exhausting and drawn out process. Jason kept me positive but realistic about the potential outcome. At the end of the process of litigation, we won on the most important counts against my former employer. I will be forever grateful for Jason believing in me and my case even when I started to lose faith.

I’ve had friends who’ve contacted me and wished to have Jason represent them based on my sharing my experience.

The best compliment that I could give wasn’t from me. The person that ruled in our favor said about Jason ” Jason has been a very competent counsel who’s argued passionately on behalf of his client.”

employmentlaw
Jason A. Lee, Esq.

Title VII Age Discrimination Settlement Obtained Against Large National Employer

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Our client received a substantial confidential settlement against a large national company that has a presence in middle Tennessee.  This was for age discrimination in violation of Title VII and the Tennessee Human Rights Act.  The employer improperly took action against our client due to his age.

Or client provided a review of our services provided as follows:

“I needed assistance after being discriminated against due to my age by a very high profile, very well respected employer. After review of the details of my case, Jason devised a strategy to address my concerns and right the wrong. He prove to be very knowledgeable, with a willingness to explain all the details and procedure in layman’s terms. He was empathetic and caring. His expertise was matched with the highest level of integrity. He worked to reveal the truth of the matter, with no exaggeration, and to bring out the facts which the other party wanted to keep hidden. The opposition was well represented by a very large firm. Jason exhibited confidence and comfort which allowed me to be at ease with what would otherwise have been a much more difficult process. My case was resolved to my satisfaction, exceeding my expectations. I wouldn’t hesitate to recommend Jason for employment law as plaintiff or defendant, as his knowledge and expertise allows objectivity required to represent either side.”

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Jason A. Lee, Esq.

Substantial Settlement Obtained in Rape Case Involving Minor’s, a Party and Alcohol

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In December 2017 our minor client received a very substantial settlement in a rape case that occurred at a high school party in Tennessee hosted by another parent.  Alcohol and drugs were present at the party and the rape occurred during the party.  Both minors and adults were present at the party.  There was a lack of proper supervision of the individuals who attended the party on a large property.

employmentlaw
Jason A. Lee, Esq.

Sexual Harassment Case Against National Pizza Chain: Substantial settlement received for client

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In January 2018 our client received a substantial settlement for a sexual harassment case against a national pizza chain.  Our client was physically sexually harassed, causing her significant emotional distress damages.  This sexual harassment greatly affected her and caused her significant damages.

Our client said the following about this representation:

“When I first met Attorney Lee I was unaware of my rights as a employee that had undergone sexual harassment at the workplace. Within 5 months, Mr. Lee not only superseded my legal expectations but he superseded in making sure that I was okay every step of the way. The amount I was awarded was beyond my expectations and very substantial. I recommend Attorney Lee to anyone who may be aware or unaware of their rights and need expertise guidance and counsel.”

Law
Jason A. Lee, Esq.

Sexual Harassment and Sexually Hostile Work Environment Claims in Tennessee – General Overview

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Sexual Harassment and Sexually Hostile Work Environment claims are both recognized in Tennessee under state law and federal Law (pursuant to Title VII).  These are very significant claims often involving the harassment of a female by a male supervisor or co-worker.  The standards for an employer’s liability are different under each of those scenarios (this will be discussed in a subsequent blog post on this topic).  It is important to note that Tennessee courts often look to federal law for guidance on interpretation of Tennessee’s own discrimination statutes, because they are so similar.

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READ THE REST OF THIS POST AT TENNESSEE DEFENSE LITIGATION HERE

Law
Jason A. Lee, Esq.

Piercing the Corporate Veil in Tennessee – When Can a Judgment Against a Corporation be the Personal Responsibility of the Shareholders?

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The Tennessee Court of Appeals recently decided a case (F&M Marketing Services, Inc. v. Christenberry Trucking and Farm, Inc., E2016-00205-COA-R3-CV, 2017 WL 417223_(Tenn. Ct. App. 2017)) involving a request to pierce the corporate veil of a Defendant after the Plaintiff got a substantial judgment against that Defendant for breach of contract. The total judgment in this case was $375,524.29. After the initial judgment was entered, the Plaintiff learned that the Defendant had no assets to satisfy the judgment. As a result, the Plaintiff petitioned the trial to hold the primary shareholder of the Defendant personally liable for the judgment against the Defendant corporation. The Tennessee Court of Appeals did a good job discussing the circumstances when an individual shareholder can be found personally responsible for a judgment against a corporation in Tennessee.

The Court noted that the most important case outlining when it is appropriate to pierce the corporate veil in Tennessee is the FDIC v. Allen, 584 F. Supp. 386 (E.D. Tenn. 1984) decision.

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READ THE REST OF THIS POST AT TENNESSEE DEFENSE LITIGATION HERE