Law
Jason A. Lee, Esq.

$160,000 + settlement in sexual harassment case

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Attorney Jason A. Lee recently settled a sexual harassment case in litigation involving a large regional service provider company.  His client was treated inappropriately by being touched and by being consistently made a sexual object at work.  The employer ignored her reports and did nothing to protect her from the sexual harassment.  There were multiple Defendants involved in the case and they decided to resolve the case before depositions, for a very substantial sum.  The client review for this work was the following:

In June of 2019 I reached out to Attorney Jason Lee. I was scared, mad, confused and extremely discouraged about my work atmosphere. It was hard to admit and say, but I knew I needed help and I knew what was happening to me was so WRONG. I was being sexually harassed for over six and half years at my place of employment by several individuals. I contacted Jason for help. This was the best decision I have ever made! I was overwhelmed with the continual sexual inappropriate words and actions directed towards me daily at my place of work and when I reached out to Jason for help and direction, THAT’S EXACTLY WHAT I RECEIVED! Jason listened to me and my entire story from start to finish and HE KNEW EXACTLY WHAT TO DO! He represented me faithfully! He believed in me and my case and FOUGHT FOR ME! His knowledge of the law and specifically sexual harassment cases is EXTENSIVE AND EXPERT LEVEL 100 PERCENT. Jason will guide you in truth, he’s always honest with you and keeps you extremely informed of your case. Jason left no room for error and he was DILIGENT in never backing down and fighting for me! Jason always returned my calls and emails – PROMPTLY, he was never rushed on the phone and took all the time I needed to explain matters I may not understand. Attorney Jason Lee fought for me, believed me, stood by my side when I was shaky and he pressed on to victory. My case duration was about a year and I received a very nice settlement. I’m beyond grateful I chose Attorney Lee his experience and wisdom regarding sexual harassment cases and especially mine is beyond compare.

Reach out to Attorney Jason Lee if you have a sexual harassment situation in your employment.  Let him help you through the situation.

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

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

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