Jackson, Tennessee Firm Blog | Spragins, Barnett & Cobb PLC

Workplace discrimination and religion

On behalf of Spragins, Barnett & Cobb, PLC posted in Employment Law on Thursday, January 17, 2019.

A person's religious beliefs can be a part of their identity. For some in Tennessee, their religious practices are of paramount importance. Title VII of the Civil Rights Act of 1964 protects people working in the private sector from discrimination in the workplace based on religion. The courts have determined that there are numerous types of discrimination that are illegal. Specifically, these include fostering a hostile work environment, disparate impact discrimination and disparate treatment discrimination.

Disparate treatment discrimination may be what most people initially think of when they think of workplace discrimination. It is overt discrimination where a worker is treated unequally compared to other workers due to his or her religion. For example, if an employer only hires and promotes persons of a certain religion, this may be considered disparate treatment.

Fence disputes can lead to legal issues in Tennessee

On behalf of Spragins, Barnett & Cobb, PLC posted in Real Estate on Thursday, January 10, 2019.

"Good fences make good neighbors" is how the old adage goes. Many residents of Tennessee mark off the property lines around their home with a fence. While generally this is a good way to ensure privacy, there may come times when neighbors disagree about where the property line lies. When it comes to disputed boundaries, the courts will consider the following factors in order of importance.

The first factor is the existence of any natural objects or landmarks on the property. The next factor looked at is artificial monuments or marks. The third factor to consider is boundary lines of adjacent landowners. Finally, the fourth factor is courses and distances.

What constitutes 'tortious interference' in Tennessee?

On behalf of Spragins, Barnett & Cobb, PLC posted in Business & Commercial Litigation on Thursday, January 3, 2019.

The business world can be cut-throat at times, but for the most part business people in Tennessee engage in activities that, while competitive, are still lawful. However, sometimes a person will take this competition too far, and engage in interference with business relationships and contracts. Also known as "tortious interference" this takes place when one party, with the intention of causing another party financial damage, interferes with business relationships or contracts that party has with a third party.

One example of tortious interference takes place when one party either coerces or convinces another party to breach a contract with a third party. Sometimes this takes place through threats or blackmail. However, even less-nefarious acts, such as offering a lower price with the intention of inducing the party to breach the contract, can constitute tortious interference.

Hypovolemic shock after an injury-causing accident

On behalf of Spragins, Barnett & Cobb, PLC on Wednesday, January 2, 2019.

Despite the increasing technology and safety designs in modern vehicles, having an accident still places you at risk of injury. Because of the heightened adrenaline and anxiety that often accompanies a crash, especially one involving a tractor-trailer or other large vehicle, you may not be aware of your injuries until significant time has passed. This could be dangerous if you have an injury that could become progressively worse, such as an internal injury or one that is bleeding badly.

Blood loss can become a critical issue very quickly, and chances are the medical team that responds to your accident will be looking for signs that you are losing blood. Unchecked, blood loss can send your body into shock and place you at risk of organ damage and death.

Banks might prefer short sales over foreclosure

On behalf of Spragins, Barnett & Cobb, PLC posted in Banking & Business Transactions on Friday, December 28, 2018.

When a person is underwater on their mortgage, and is not making the payments they owe, banks will want to make sure they get what they are due. This means that a bank could foreclose upon the property or the property owners might pursue a short sale. There are various reasons why sometimes accepting a short sale offer is better for the bank than pursuing a foreclosure.

In the end, a bank is a business and its goal is to turn a profit. So, if it is more expensive for a bank to pursue a foreclosure over a short sale, the bank may be more apt to accept the short sale offer instead. According to one source, banks can make anywhere from 20 to 30 percent more in a short sale in comparison to completing a foreclosure.

Can at-will employees be retaliated against at work?

On behalf of Spragins, Barnett & Cobb, PLC posted in Employment Law on Thursday, December 20, 2018.

If a Tennessee employee is not a party to a work contract, they are an "at-will" employee. This means that their employer has the legal right to fire the employee for any reason or for no reason at all. Conversely, the employee has the legal right to quit for any reason or for no reason at all.

However, just like any other rules, there are exceptions to at-will employment rules, causing an employer to face legal liability for firing an employee. It is important for workers to understand what these exceptions are, so they can recognize if their rights are being violated.

Contract disputes can include allegations of breach

On behalf of Spragins, Barnett & Cobb, PLC posted in Business & Commercial Litigation on Friday, December 14, 2018.

When two businesses in Tennessee enter into a contract, they naturally expect that they will both follow through on their obligations under the contract. Unfortunately, that doesn't always happen, and contractual disputes arise. Sometimes a party fails to fulfill part or all of what they promised to per the terms of the agreement. When that happens, this is referred to as a "breach of contract," and it may form the basis of a lawsuit.

There are numerous points to consider when determining whether a breach of contract occurred. First, a valid contract must exist, wherein each party agreed to exchange something of value with one another, so that each party benefits from the contract. It will need to be noted whether any modifications were made to the contract prior to the alleged breach.

Business disputes in Tennessee can be legally complex

On behalf of Spragins, Barnett & Cobb, PLC posted in Business & Commercial Litigation on Thursday, December 6, 2018.

Business owners in Tennessee, whether they own and operate a fledgling small business or whether they are the head of a major corporation all have their eyes on making their businesses as profitable as possible. This involves a lot of legal transactions -- from sales and purchases, to employee contracts, to mergers and acquisitions. Any of these transactions can be very legally complex. Moreover, there are many state and federal regulations businesses must follow in Tennessee.

Unfortunately, part of running a business means that sometimes disputes may occur. They may be contract disputes, disputes with employees or former employees, insurance disputes, antitrust violations or disputes between partners or shareholders. Naturally, business owners want to see these disputes resolved in an advantageous manner that aligns with their business objectives and that does not cost them unnecessarily in time or money.

Do you know what happens in the probate process?

On behalf of Spragins, Barnett & Cobb, PLC on Wednesday, December 5, 2018.

When a loved one passes away, it is the responsibility of those left behind to settle the estate and deal appropriately with all assets. The process of settling an estate and transferring wealth is not easy, and family members may be unsure of how to proceed. If you find yourself in this situation, it might be beneficial to familiarize yourself with the probate process.

Probate is legally transferring someone's property after his or her death, a process overseen by the court. In some cases, this can be a complex undertaking, but it can be helpful to be prepared for what's ahead. Many people facing the likelihood of probate find it beneficial to secure experienced guidance before they proceed.

Key provisions to include in a real estate contract

On behalf of Spragins, Barnett & Cobb, PLC posted in Real Estate on Thursday, November 29, 2018.

Purchasing real estate in Tennessee, whether it is your first home, an investment property or commercial property, is essentially a legal transaction. One part of the transaction is the execution of a purchase contract. The following are some provisions that can be included in a well-rounded purchase contract.

First, if the buyer is taking out a loan to purchase the property, their purchase contract should contain language stating that the buyer's offer is contingent on obtaining a loan at a specific interest rate. The party that will pay closing costs should also be identified in the purchase contract, and the dollar amount of the applicable closing costs should be included as well. This includes fees related to escrow, title fees, notary fees and other expenses.