Spragins, Barnett & Cobb, PLCSpragins, Barnett & Cobb, PLC2026-05-19T19:59:13Zhttps://www.spraginslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1604976/2022/12/cropped-sbc-site-icon-32x32.pngOn Behalf of Spragins, Barnett & Cobb, PLC<![CDATA[Common mistakes people make when creating a Tennessee estate plan]]>https://www.spraginslaw.com/?p=500672025-11-24T15:19:29Z2025-11-24T15:18:53ZCreating an estate plan protects your assets and your family’s future. Yet many Tennesseans make avoidable mistakes that weaken their plans and cause costly legal problems.
Failing to create or update your estate plan
The most common mistake is not having a plan at all. Without a valid will or trust, your property is distributed according toTennessee’s intestacy laws. This means the court, not you, decides who inherits your assets based on a statutory order of relatives.Even if you have a plan, you risk problems when you don’t update it. Major life changes such as marriage, divorce or a child’s birth can make your plan outdated. Review your documents every three to five years to keep them accurate and aligned with your wishes.
Using do-it-yourself documents without legal guidance
Online forms may look easy but they often ignore Tennessee’s legal rules for witnesses and notarization. If your will or trust doesn’t meet state requirements, the court can declare it invalid and send your estate through probate. Work with an experienced estate planning attorney to ensure your documents meet state law and include proper signatures.
Failing to fund your living trust properly
A living trust only works when you move your assets into it. Update titles for real estate, bank accounts and investments to list the trust as the owner. If you skip this step, those assets may still go through probate, defeating one of the trust’s main purposes. Check your titles and confirm they show the trust as owner.
Overlooking beneficiary designations
Some assets like life insurance, IRAs and 401(k)s bypass your will entirely. Outdated designations can send money to the wrong person such as an ex-spouse. Review your beneficiary forms and make sure they match your estate plan.
Ignoring incapacity planning
Estate planning also addresses situations in which you lose the ability to manage your finances or make medical decisions independently. Establishing a durable power of attorney and a healthcare proxy authorizes a trusted individual to act on your behalf. These legal instruments help safeguard your interests and reduce the emotional and administrative strain on your family during challenging circumstances.
What you can do next
You can avoid these mistakes by creating a strong, well-maintained estate plan. It is recommended to consult a Tennessee estate planning attorney to follow state-specific laws and design a plan that fits your situation.]]>On Behalf of Spragins, Barnett & Cobb, PLC<![CDATA[What are some signs of age discrimination in the workplace?]]>https://www.spraginslaw.com/?p=500402025-07-25T22:49:14Z2025-07-25T22:48:16ZDiscrimination in the workplace can take many forms, and age discrimination is one of the most insidious. As we age, we expect to be valued for our experience and wisdom, but unfortunately, many employers still harbor biases against older workers. Age discrimination can be subtle, making it difficult to recognize, but it's essential to know the signs to protect your rights.
Unfair treatment compared to younger employees: If you notice that younger colleagues receive better treatment, such as more favorable assignments or promotions, it could be a sign of age discrimination.
Comments or jokes about age: Frequent remarks or jokes about your age, even if they seem harmless, can contribute to a hostile work environment. Such comments can be considered harassment if they are severe or pervasive enough to affect your work conditions.
Exclusion from important meetings or projects: Being left out of key meetings or projects that you were previously involved in might indicate that your employer is sidelining you due to your age. This exclusion can impact your career growth and job satisfaction.
Pressure to retire or resign: If your employer is encouraging you to retire or resign, especially if you are still capable and willing to work, this could be a sign of age discrimination.
Refusal to rehire employees: Refusing to rehire older, experienced and well-performing employees while consistently choosing younger, less experienced candidates may indicate age discrimination.
These signs can constitute age discrimination because they create an environment where older employees are treated less favorably than their younger counterparts. Such actions can lead to a hostile work environment and affect the employee's career progression and mental well-being.
Taking action
If you recognize these signs in your workplace, it is crucial to take action. Document any incidents that you believe are discriminatory and consider discussing your concerns with your HR department. However, before making any formal complaints, it is advisable to seek legal help. Consulting with an employment law attorney can provide you with guidance on how to proceed and protect your rights effectively.Age discrimination is a serious issue that can impact your career and well-being. By understanding the signs and knowing your rights, you can take steps to address the situation. ]]>On Behalf of Spragins, Barnett & Cobb, PLC<![CDATA[Preparing to liquidate your business assets ]]>https://www.spraginslaw.com/?p=498432025-04-11T15:35:36Z2025-04-11T15:35:36ZLiquidating business assets is a consequential turn of events. If you’re opting to pursue this opportunity for any number of reasons, you may understandably be stressed about the prospect and the process.
Whether you’re closing your business due to retirement, restructuring or financial hardship, preparing to liquidate your assets requires a clear plan and a solid understanding of your obligations.
Taking stock before you start
The first step you’ll want to take when preparing to liquidate your business assets is to take stock of what you own. This includes physical items like equipment, vehicles, office furniture and inventory, as well as intangible assets like intellectual property, client lists and business licenses. Accurate records of these assets, along with recent appraisals or valuations, can help you determine their current worth and prepare for potential sales.Next, you’ll want to identify any legal or financial obligations tied to these assets. For example, if equipment is under a lease or vehicles are secured by loans, those agreements will need to be reviewed. You may not be able to sell certain items without first paying off the debt or getting approval from the lender. Failing to address these obligations can lead to legal complications or delays in the liquidation process.If your business is in debt to creditors, liquidation proceeds may need to be applied to outstanding debts. In many cases, there is a legal priority for how creditors are paid. Secured creditors are typically paid first, followed by unsecured creditors and then equity holders if anything remains.
The next steps in the process
You will also need to determine the best method of selling your assets. This might include auctions, private sales, brokered deals or even online marketplaces. The goal is to recover as much value as possible while minimizing costs and delays. In some cases, selling a business as a whole—including its assets and goodwill—may be more advantageous than piecemeal liquidation.Finally, once the assets are liquidated and debts are addressed, you’ll need to formally dissolve the business with your state’s business registration agency. This step involves filing final tax returns, canceling licenses and permits and notifying any remaining stakeholders.Preparing to liquidate your business assets is a truly significant transition. Regardless of what your circumstances happen to be, know that you don’t have to manage it alone. Seeking legal guidance and support is always an option. ]]>On Behalf of Spragins, Barnett & Cobb, PLC<![CDATA[Can a semi – truck cause a crash by being in the wrong lane?]]>https://www.spraginslaw.com/?p=498382025-06-12T19:12:51Z2024-12-06T18:51:12ZStaying to the right is the safest for semi-trucks
There are typically two main reasons that best practices for semi-truck operation include staying to the right. State law generally requires that 18-wheelers travel in the right two lanes of traffic on multi-lane roads unless they need to pass other vehicles, exit on the left or complete a left-hand turn.
Blind spots are one of the reasons why semi-trucks should stay to the right whenever possible. There are large blind spots around the trailers of semi-trucks. Typically, that blind spot extends to one lane to the left of the truck but two lanes to the right of the truck's trailer.
Speed limits are also a factor. On roads with higher speed limits, semi-trucks may be subject to a lower overall speed limit than smaller vehicles. Semi-trucks that stay to the right allow those traveling at or over the speed limit to overtake and pass semi-trucks quickly and safely. The semi-truck's operator should only drive in the left lane as necessary based on upcoming maneuvers or the need to pass a slower-moving vehicle. Otherwise, they could cause a crash by being present where they should not be.
In cases where semi-truck drivers break the law and then cause commercial vehicle crashes, the people affected may need to seek compensation. Pursuing an insurance claim or a personal injury lawsuit can help people recover the expenses generated by 18-wheeler collisions.]]>On Behalf of Spragins, Barnett & Cobb, PLC<![CDATA[Do salaried workers ever have a right to overtime pay?]]>https://www.spraginslaw.com/?p=498142024-08-26T16:07:40Z2024-08-26T16:07:40ZLow salaries do not exempt workers from overtime rules
Paying workers on a salary basis only leads to overtime exemption when the wages meet a certain federal standard. Companies could easily abuse the classification of salaried employees without such regulations.
There has long been a minimum salary requirement for exempt employees, and that minimum amount recently increased. The previous threshold was $35,568. As of mid-2024, workers should make at least $43,888 to be exempt from overtime pay rules. Beginning January 1st, 2025, the exempt minimum salary increases to $58,656.
Companies often try to avoid disclosing that rule to workers in the hopes that they can convince them to perform overtime work without adequate compensation. Employees who know their rights can either push back on inappropriate scheduling requests or demand their unpaid wages. They can even partner with co-workers to hold an employer accountable.
Employers who violate the rights of one worker may have tried to use the same manipulative practices with many others. Discussing wages and scheduling practices at a company with a skilled legal team can be a first step toward a successful wage and hour lawsuit brought against an employer. Workers who understand the rules that govern overtime pay can use that knowledge to identify when businesses violate their rights.]]>On Behalf of Spragins, Barnett & Cobb, PLC<![CDATA[Withholding rent in Tennessee when repairs go unfixed]]>https://www.spraginslaw.com/?p=498042024-05-30T16:28:29Z2024-05-30T16:28:29ZWhen a need for repairs arise, a prompt response from your landlord is key to maintaining a safe and habitable living space.
But what happens when those repairs go unaddressed? In Tennessee, tenants have rights when it comes to repairs, and while withholding rent might seem like a solution, it’s not always the best course of action.
Repairs and habitability
The Volunteer State law dictates that landlords must provide tenants with a habitable property. This means the property must meet basic health and safety standards. Repairs that fall under this umbrella include issues with essential utilities like heating, plumbing and electrical systems. Furthermore, the rental property ought to be free from infestations, structural problems and other hazards.
If you’re facing neglected repairs that impact the habitability of your rental, you have options. First, you can make the repairs and subtract the repair expenses from your rent. However, there are crucial steps to follow.
First, provide written documentation to your landlord detailing the repairs needed. If they fail to respond within a reasonable timeframe (typically 14 days), obtain repair estimates from licensed contractors. Once you have completed the repairs with proper documentation, deduct the reasonable cost from your next rent payment.
You also have the option of placing your rent payments into a neutral account held by a trusted third party. You can then request the court to channel your rent to your landlord once the repairs are completed. This method can help ensure you meet your rental obligation while pressuring your landlord to address the issues.
Remember, in any situation involving repairs and withheld rent, keeping meticulous records is essential. You should not lose any copies of the written engagements with your landlord regarding your repair concerns. It’s also crucial to preserve dated receipts for any repair costs you incur. Also, don’t forget to capture photos or videos documenting the unaddressed repairs. Thorough documentation can strengthen your position if legal action becomes necessary.
While facing neglected repairs in your Tennessee rental can be frustrating, please communicate your concerns to your landlord. Clearly document the issues and attempt to work with your landlord to find a resolution. If those efforts fail, consulting with a trusted legal team can provide valuable guidance specific to your situation.]]>On Behalf of Spragins, Barnett & Cobb, PLC<![CDATA[When can a worker benefit from whistleblower protection?]]>https://www.spraginslaw.com/?p=498032024-04-12T15:03:15Z2024-04-12T15:03:15ZWhen they report illegal conduct
There are many laws that an employer might violate through business operations. For example, a healthcare provider might alter the charges entered when billing an insurance company for services rendered. When an employee recognizes that the company has done something illegal or requested that they break the law, that worker can refuse to engage in illegal behavior. They may also advise coworkers or management about the legal issues with the current company practices. Workers have whistleblower protection when they internally or externally that may violate the law.
When they report unsafe conditions
Violations of workplace health and safety laws could also potentially force an employee to act as a whistleblower. Particularly for blue-collar employees, the right to speak up about unsafe work conditions is crucial for employee safety. Employers cannot discriminate or retaliate against workers who report safety violations.
How whistleblower protections can help
When a worker refuses to do something illegal, reports illegal activity or speaks up about unsafe work conditions, they should not have to worry about employment consequences for their actions. If an employer retaliates by demoting or terminating a worker who has acted as a whistleblower, that violation of the worker's rights might lead to a lawsuit.
Companies that violate whistleblower protection statutes may need to offer financial compensation to an affected employee or may need to rehire them after an unjust termination. Learning more about the unique employment laws on the books in Tennessee may benefit those who are dealing with a challenging work environment. Workers who understand whistleblower protections may be able to advocate for themselves and their coworkers as effectively as possible.]]>On Behalf of Spragins, Barnett & Cobb, PLC<![CDATA[Why name mispronunciations could be employment discrimination]]>https://www.spraginslaw.com/?p=497622023-12-11T00:37:19Z2023-12-11T00:37:19ZIntentionally mispronouncing a person’s name – not simply making a mistake – could serve as a microaggression and a form of employment discrimination.
This is not the only way that microaggressions can be attached to people's names. For instance, it may also be an issue if a name is repeatedly mocked, misspelled, misgendered or intentionally misunderstood.
More than disrespect
In some cases, the issue may be that other workers will decide that they won’t even try to pronounce a person’s name. They could say that it is “too hard for them” and that they’re going to choose a “new” name for that person. They will then give them a nickname or a nickname that is an intentional mispronunciation of their actual name.
This type of microaggression can create a hostile work environment. That worker may be consistently marginalized or made to feel like their name is somehow inferior. They seem like an outsider among their coworkers. When hostility is rooted in discrimination against someone’s protected characteristics, the situation may give the affected worker grounds to take legal action.
Issues in hiring
Another thing to keep in mind is that some workers with non-English-speaking backgrounds have claimed that it’s harder for them to get a job when they use their real name. Employers just don’t call them back or choose other applicants after interviews. Some of them have even taken to changing their names on their cover letters or resumes just to try to get a job. This is different than the microaggressions noted above, but could also be evidence of employment discrimination rooted in how someone’s name can affect their employment experience.
What options do employees have?
Employees who find themselves in this position know that they’re being treated unfairly and that they don’t deserve it. What they need to learn next is what legal steps they can take to put an end to this behavior. Seeking legal guidance is a good place to begin.]]>On Behalf of Spragins, Barnett & Cobb, PLC<![CDATA[Why do people go to court over eminent domain claims?]]>https://www.spraginslaw.com/?p=497502023-09-01T07:32:46Z2023-09-01T07:32:46ZThey want to stop the public works project
Sometimes, the underlying reason that people want to challenge an eminent domain claim has to do with their skepticism about the public benefit of the project. There have been cases where property owners have challenged the claim that a project was for the benefit of the public and that the condemnation of their property was legal. Other times, people may challenge the inclusion of their property in particular in the project plans. Sometimes, reworking the plans can be enough to protect specific properties from eminent domain claims. Such approaches are only available in very specific scenarios.
They want fair compensation
More people who had to court after receiving an offer for the purchase of their property related to an eminent domain matter do so because the offer is unreasonably low. Technically, the authorities seeking to acquire properties for public projects in Tennessee should offer the fair market value for each property affected by the project. However, sometimes developers and other parties involved with the project are unaware of factors that make a particular property more valuable than other properties of similar size and location. Other times, the offers are unreasonably low for every property owner.
Homeowners who are concerned that they will not only face the forced sale of their home but also a major financial loss during the transaction can obtain an appraisal and other corroborating evidence helping to establish that the property is worth far more than the amount offered for its purchase. Going to court can either help someone protect their property from condemnation or maximize the compensation that they receive for the forced sale of their Tennessee real estate.]]>On Behalf of Spragins, Barnett & Cobb, PLC<![CDATA[What does sexual harassment in the workplace look like?]]>https://www.spraginslaw.com/?p=497442023-06-03T23:48:03Z2023-06-03T23:48:03ZQuid pro quo harassment
For most people, quid pro quo harassment is what they immediately think of when discussing sexual harassment. They picture a boss abusing their power to force someone to compromise their personal ethical standards. Offering someone a promotion for sexual favors or threatening a bad performance review if they don't agree to go on a date because that shows they aren't a team player are both examples of quid pro quo harassment.
A hostile work environment
People often have a harder time understanding what constitutes a hostile work environment as opposed to recognizing quid pro quo harassment from a direct supervisor. The people harassing a worker do not need to be of the opposite sex or to have any sense of sexual attraction to the victim.
A hostile work environment could involve socially excluding someone, making jokes at their expense and making them feel unsafe in the workplace because of their sex, appearance or personal sexual history. A hostile work environment could involve multiple other workers and could be an indicator of a toxic culture and laissez-faire management at a company.
Employees who are experiencing either quid pro quo harassment or a hostile work environment should be able to count on their employers to take action. Those who do not receive proper protection from their employers sometimes have the right to pursue a sexual harassment lawsuit. As such, recognizing workplace sexual harassment is an important first step for those who may ultimately choose to fight back against the misconduct that they have experienced in the workplace.]]>