In today’s hyper-connected world, the line between personal and professional life is increasingly blurred. A social media post, a political opinion, or even off-duty conduct can have unexpected consequences including the loss of your job. If you’re wondering whether your actions outside of work can get you fired in Tennessee, you’re not alone.
Tennessee is an “at-will” employment state, which means employers can legally terminate employees for virtually any reason or for no reason at all as long as it doesn’t violate specific employment laws. This reality makes wrongful termination claims particularly challenging, especially when the conduct in question occurs outside of the workplace.
So where is the line drawn? Let’s explore what protections, if any, exist for employees in Tennessee when it comes to off-duty behavior and when you may have grounds for a wrongful termination claim.
What is an “At-Will” Employee?
“At-will employment” is based on the premise of voluntary employment relationships. This means that your relationship with an employer is entirely voluntary and can be terminated by either party (employer or employee) without notice, at any time and for any reason – or for no reason.
This means any employee who is considered “at-will” can be terminated for any non-illegal reason. This often includes what an employee does outside of work. Exceptions to this would include some form of employment contact that specifies employment parameters or union membership that also precludes at-will treatment.
Tennessee state law verifies that, “Employers may legally terminate an employee at any time for any reason, or for no reason without incurring legal liability. However, an employer may not discriminate against any employee on the basis of the employee’s race, sex, age, religion, color, national origin, or disability. Likewise, an employee is free to leave a job at any time for any or no reason with no adverse legal consequences.”
Some exclusions apply, meaning your employer cannot fire you over certain issues, including:
- A call to military service
- Voting
- Exercising a right to association
- Filing a Workers’ Compensation claim
- A call to jury duty
But as long as the basis for your termination is not discriminatory or otherwise illegal, Tennessee employers may legally fire an employee for actions, statements, or behavior off the clock they deem unfavorable, unprofessional, or distasteful.
The Social Media Conundrum
Our modern online society shares literally everything over social media. Arguments about this will vary widely, but the fact remains that social media is public and any activity there can be discovered by your employer. Common social media postings that can put your job at risk include:
- Negative comments about your job/employer
- Sharing proprietary information
- Sharing the inner workings of your place of employment
- Deceptive posts
- Inappropriate posts or images
- Comments about searching for another job
- Praising a competitor
- Opinions on controversial topics / political issues or figures
Another factor to consider with social media is that nothing online never goes away. It can always be accessed somehow. Posts from years in the past can come back to bite you. A good rule of thumb for posting on social media is that if you have any doubts, don’t post it – and never post anything while you are angry.
Off-Duty Conduct: What’s Protected and What’s Not?
Tennessee is an at-will employment state, which means employers can generally terminate employees for any reason or no reason at all as long as it’s not illegal. However, the law does recognize certain boundaries when it comes to what you do in your personal time.
Some forms of off-duty conduct are protected by state or federal law. For example, in Tennessee:
- Use of Lawful Products: It is illegal for employers to fire someone solely for using a lawful product, such as tobacco or alcohol, during non-working hours and away from the workplace.
- Political Activity: While not strongly protected in private employment, public employees may have more leeway when it comes to political expression outside of work.
- Social Media and Speech: Free speech protections do not generally extend to private employment. If you post something controversial on social media even on your own time it may still lead to job consequences if your employer believes it harms their business.
That said, behaviors involving violence, harassment, criminal activity, or anything that could damage your employer’s reputation or violate company policy even if done off the clock could be legitimate grounds for dismissal.
When Can Off-Duty Behavior Lead to Termination?
While you might assume that what you do in your personal life should be none of your employer’s business, there are situations where your actions outside of work can affect your job. Here are a few examples:
- Criminal Charges: If you’re arrested or convicted of a crime, especially one that affects trust or safety, your employer may see that as a liability.
- Negative Publicity: In today’s age of viral content, even a social media post or altercation in public can reflect poorly on your employer. If your off-duty behavior attracts unwanted media attention, your job could be on the line.
- Conflicts of Interest: Taking side jobs that compete with your employer, engaging in unethical business practices, or violating non-compete agreements can lead to immediate termination.
- Violation of Company Values: If your behavior though legal is seen as inconsistent with your employer’s values or code of conduct, it could still lead to disciplinary action or termination.
Wrongful Termination: What Are Your Rights?
Despite the broad freedom employers have in at-will states, they cannot fire employees for illegal reasons. If your termination was based on any of the following, you may have a claim:
- Discrimination: It is illegal to be fired because of your race, sex, age, religion, disability, national origin, or other protected characteristics.
- Retaliation: If you were terminated after reporting illegal activity, participating in an investigation, or filing a complaint about workplace harassment or safety, this could be considered retaliation which is illegal.
- Exercising Your Legal Rights: Employees are protected when they take family or medical leave, serve on a jury, or file workers’ compensation claims. Termination for these reasons may be considered wrongful.
Steps to Take If You’re Terminated for Off-Duty Conduct
If you believe your employer overstepped or acted illegally in firing you for what happened outside of work, here’s what to do next:
- Get the Reason in Writing: Ask your employer for a written explanation of your termination. This can help you understand their position and document their claims.
- Preserve Evidence: Keep copies of employment contracts, company policies, emails, performance reviews, and any evidence related to the incident that led to your termination.
- Speak to a Wrongful Termination Attorney: A qualified attorney can evaluate whether your termination violated any state or federal laws and guide you on how to proceed.
- Consider Legal Action: If your rights were violated, you may be able to file a complaint with the EEOC or pursue a wrongful termination lawsuit to seek compensation or reinstatement.
How Employers Can Avoid Liability
This section is also useful for employers who want to avoid lawsuits or poor workplace morale. Employers should:
- Establish clear policies regarding off-duty conduct and make sure employees understand them.
- Ensure disciplinary decisions are applied consistently and fairly.
- Avoid firing employees for off-duty behavior unless it directly affects the workplace or violates written policies.
Document all steps and communications in any disciplinary process.
What Can I Do If I Suspect Wrongful Termination in Tennessee?
If you suspect you may have a case for wrongful termination, you must be able to prove you were terminated in violation of the law or a written employment contract.
Illegal reasons for being terminated include:
- Firing that violates federal and state anti-discrimination laws
- Firing as a form of sexual harassment
- Firing that violates state or federal labor laws
- Firing in retaliation because the employee filed a complaint or claim against the employer
- Firing in retaliation because the employee filed a Workers’ Compensation claim after an injury suffered at work
If you have been fired in Tennessee for activities you engaged in when not at work, you should contact an experienced Employment Law Attorney in Memphis right away. The Crone Law Firm can share more about your rights as an employee and explain your options for possible legal action.
Contact The Crone Law Firm in Memphis, TN at (901) 737-7740 or complete the contact form online to request a private consultation.