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The third limits liability and the damages available under the state's statutory employment discrimination laws and applies to actions accruing on or after July 1, 2014.This alert highlights key provisions of these new laws and examines the implications for Tennessee employers.In most cases, it is not difficult to determine the date of the breach. Where there is an anticipatory breach, the statute of limitations begins to run on the date of the anticipatory breach.If ABC Company agreed to deliver widgets on January 15, 2016 to XYZ Company, but failed to do so, the statute of limitations on XYZ Company’s claim began to run on January 15, 2016. For example, if ABC Company agreed to pay a salesperson commissions as soon as it collected on his or her sales, but then tells the salesperson, months before a collection for which that salesperson would be due a commission, that it does not intend to pay the commission, the statute of limitations on the salesperson’s claim began to run on the date ABC Company said it had no intent to honor the contract.
The Four Year Statute of Limitations for UCC Cases If the breach of contract is for the sale of goods, the Uniform Commercial Code (“UCC”) will apply. Under Tennessee law, a contractually agreed to limitations period for filing a lawsuit is enforceable so long as it provides a “reasonable time period” for filing a lawsuit. 2009) Furthermore, the statute of limitations began to run on the day ABC Company received the loan from XYZ Company.
Furthermore, although the social media law permits employers to view publicly accessible profiles, employers should recognize that such conduct may give rise to a discrimination claim under Title VII of the Civil Rights Act of 1964 or a state equivalent if the employer takes adverse action based on information that reveals a protected characteristic such as race or religion.
Given these risks, Tennessee employers should adopt a clear and compliant workplace policy governing the use of social media.
Tennessee's new social media law applies to employers with one or more employees (including the state and its political subdivisions), as well as any agent, representative, or designee of an employer.
Under the new law, an employer may not: The social media law also makes clear that an employer is under no duty to search or monitor activity on a personal Internet account, nor is it liable for failing to request or require that an employee or applicant grant access to or allow observation of his or her personal Internet account.