Let’s start with the first thing you need to know about wrongful termination law in Tennessee – it does not exist. In the Tennessee courts, there are only lawful and unlawful employment terminations.
In Tennessee, every termination is lawful unless a law makes it unlawful. This is what is known as the employment at-will doctrine. An employer can be a model of doing things the wrong way and still not violate any law in this state. However, that does not make everything an employer does lawful. An unlawful termination occurs when an employee is fired for reasons that violate state or federal law. This can include discrimination based on race, religion, gender, age, or disability. It can also include retaliation for reporting illegal activities or for exercising protected rights, such as taking medical leave under the Family and Medical Leave Act (FMLA), serving on a jury, or filing a claim for worker’s compensation. Understanding your rights as an employee is crucial to protecting yourself from wrongful termination.
To establish a claim for wrongful termination, you must be able to demonstrate that your employer’s action and most often the intent of the deciding official was unlawful. This may involve gathering evidence such as emails, performance reviews, and witness statements. It’s also important to be aware of any deadlines for filing a claim with the appropriate government agency, such as the Equal Employment Opportunity Commission (EEOC). In Tennessee, most unlawful termination claims have either a 300 day or 1 year statute of limitations. However, some claims such as OSHA retaliation cases can have a limitation period as short as 30 days. Other cases, such as federal sector employees, can have a 45 day limitation period.
If you believe you have been wrongfully terminated, it’s essential to seek legal advice from an experienced employment law attorney as soon as possible. This is also the case if your employer has given you a separation agreement which will also contain a release of claims. Your attorney can evaluate your case, advise you on your legal options, and represent you in negotiations or litigation. Just because Tennessee does not have a wrongful termination law does not mean that you have no rights.
