Jackson Legal Blog

The business world in Tennessee can be cut-throat at times, but in general businesses act with integrity. Unfortunately, there will be those who will intentionally spread false information about a business, in order to prevent a third business from engaging in business deals or other commercial practices with that business, in order to cause that business to suffer financial losses. Depending on the circumstances, such unfair business practices could be considered commercial disparagement.

Commercial disparagement takes place when a person or business makes derogatory statements about another business, with the goal of keeping others from doing business with that business. It is different from defamation, which takes place when someone makes a false statement about another person, which is published and causes that person damages. Commercial disparagement is a business tort and protects the property rights of the business, not necessarily its reputation. Defamation lawsuits can be brought by anyone.

Many strides have been made over the years to prevent discrimination in the workplace. Unfortunately, sometimes workplace discrimination still occurs, leading to a hostile work environment. For example, a black man in Tennessee is suing his employer, the Springfield Water and Wastewater Department, for $500,000 plus punitive damages, alleging that he was the victim of racial discrimination and that his employer permitted a hostile work environment to exist. In the lawsuit, the man alleges that his co-workers placed a rope around his neck and called him a monkey, among other incidents. For example, per court documents, one city worker referred to the man as a "black bastard" in a text message sent to other city workers.

City leaders contest that the incident involving the text message was the only incident that ever occurred. The city leaders stated that it was an isolated offense, and that an investigation took place after it was reported to supervisors, leading to disciplinary actions. The city also maintains that it reassigned other workers to stop any harassment from occurring. The city denies that the work environment was so hostile that the man was unable to continue working there.

It may seem as though the gay rights movement has gained steam nationwide, protecting those of all sexual orientations. However, it is an unfortunate fact that workplace discrimination based on sexual orientation still occurs in professions across the nation, including law enforcement. The issue of sexual orientation discrimination in law enforcement departments is becoming so problematic that some officers are suing their employers for alleged discrimination and harassment. Some officers are forced to endure taunting, hostile work environments and limited chances for promotion or protection, simply due to their sexual orientation.

Since 2016, 11 lawsuits involving sexual orientation discrimination in law enforcement departments have been filed in the United States. One of these suits was filed by a Tennessee officer at the Memphis Police Department. In his lawsuit, he claims that he was mocked for being gay and was held to a different standard than other officers, including being unfairly disciplined. He first filed a complaint internally, then brought his complaint to the U.S. Equal Employment Opportunity Commission before finally pursuing a legal claim based on the city's anti-discrimination ordinance.

When a Tennessee couple starts planning their wedding, they are not thinking about what will happen if the marriage ends at some point in the future. Discussing divorce before the wedding may seem unromantic and unnecessary, but it is actually quite smart to think about potential contingencies down the road. One way you can do this is to draft a prenuptial agreement.

Many people think that these types of agreements are only for those who are rich and famous. While it is true that the very wealthy prefer to have this type of legal protection before they marry, it can be a smart step for couples of all income levels. If you are about to walk down the aisle, you may want to first think about drafting a prenuptial agreement.