Tennessee § 50-1-102 - False or deceptive representations in procuring employees — Penalty — Hiring armed guards — Failure to have permit — Penalty.

§ 50-1-102. False or deceptive representations in procuring employees — Penalty — Hiring armed guards — Failure to have permit — Penalty.

It is unlawful for any person to induce, influence, persuade or engage workers to change from one place to another in this state, or to bring workers of any class or calling into this state to work in any type of labor in this state through or by means of false or deceptive representations, false advertising or false pretenses, concerning the kind and character of the work to be done, or the amount and character of compensation to be paid for the work, or the sanitary or other conditions of the employment, or as to the existence or nonexistence of a strike or other trouble pending between employer and employees, at the time of or prior to the engagement. Failure to state in any advertisement, proposal or contract for the employment of workers that there is a strike, lockout or other labor trouble at the place of the proposed employment, when in fact the strike, lockout or other labor trouble then actually exists at the place of the proposed employment, is deemed false advertising and misrepresentation for the purposes of this section. A violation of subsection (a) is a Class B misdemeanor. Any worker who is influenced, induced or persuaded to engage with any persons mentioned in subsection (a), through or by means of any of the things prohibited in subsection (a), has a right of action for all damages that the worker has sustained in consequence of the false or deceptive representations, false advertising, and false pretenses used to induce the worker to change the worker's place of employment, against any person who, directly or indirectly, causes the damage. In addition to all actual damages the worker may have sustained, the worker is entitled to recover such reasonable attorney's fees as the court shall fix, to be taxed as costs. Any person who, in this or another state, hires, aids, abets, or assists in hiring, through agencies or otherwise, persons to guard with arms or deadly weapons of any kind for any such purpose, without a permit from the governor of this state, commits a Class E felony. Nothing contained in subdivision (d)(1) shall be construed to interfere with the right of any person, in guarding or protecting the person's private property or private interests, as is now provided by law. This section shall be construed only to apply in cases where workers are brought into this state, or induced to go from one place to another in this state by any false pretenses, false advertising or deceptive representations, or brought into this state under arms, or removed from one place to another in this state under arms. Acts 1901, ch. 104, §§ 1-4; Shan., §§ 6886a1-6886a4; Code 1932, §§ 11363-11366; T.C.A. (orig. ed.), §§ 50-204 — 50-207; Acts 1989, ch. 591, §§ 45, 112. Cross-References. Penalty for Class B misdemeanor, § 40-35-111 . Penalty for Class E felony, § 40-35-111 . Private protective services, title 62, ch. 35. Law Reviews. Employee Investigations: Representation Rights Expanded to Nonunion Employees (Mark H. Floyd), 36 No. 10 Tenn. B.J. 13 (2000). No Harm, No Fraud: The Invalidity of State Fraud Claims Brought Against Employment Testers, 53 Vand. L. Rev. 1687 (2000). Perceived Disabilities, Social Cognition, and “Innocent Mistakes,” 55 Vand. L. Rev. 481 (2002). Proving an Employer's Intent: Disparate Treatment Discrimination and the Stray Remarks Doctrine After Reeves v. Sanderson Plumbing Products, 55 Vand. L. Rev. 219 (2002). Collateral References. Legality of peaceful labor picketing on private property. 10 A.L.R.3d 846. Libel and slander: employer's privilege as to communications to news media concerning employees. 52 A.L.R.3d 739. Validity and construction of statutes punishing commercial bribery. 58 A.L.R. Fed. 797.