Wrongful termination is a complex legal issue that touches on the rights of employees and the responsibilities of employers. In Tennessee, like in many states, employment is generally “at-will,” meaning that either the employer or the employee can terminate the employment relationship at any time, for any reason, or for no reason at all. However, this does not give employers carte blanche to terminate employees in violation of the law. Wrongful termination occurs when an employee is fired for an illegal reason, and understanding what constitutes wrongful termination in Tennessee is crucial for both employees and employers.
The Concept of At-Will Employment in Tennessee
In Tennessee, the default rule for employment is at-will, a doctrine that is deeply embedded in the state’s employment laws. Under this doctrine, an employer can terminate an employee without providing any reason, and similarly, an employee can leave the job at any time without notice. While this sounds straightforward, there are several significant exceptions to the at-will rule that, when violated, can lead to a wrongful termination claim.
Illegal Grounds for Termination
Despite the broad latitude given to employers under the at-will employment doctrine, there are several illegal reasons for terminating an employee. These include:
Discrimination: Terminating an employee based on their race, color, religion, sex (including pregnancy, gender identity, and sexual orientation), national origin, age (40 or older), disability, or genetic information is illegal under both federal and state laws. In Tennessee, the Tennessee Human Rights Act (THRA) provides additional protections against workplace discrimination.
Retaliation: It is unlawful for an employer to terminate an employee in retaliation for engaging in legally protected activities. These activities include filing a complaint about discrimination, participating in an investigation or lawsuit, or reporting violations of laws such as workplace safety regulations.
Violation of Public Policy: Tennessee recognizes the public policy exception to the at-will employment doctrine. This means that an employer cannot terminate an employee for reasons that violate public policy. For instance, firing an employee for refusing to engage in illegal activities, such as committing perjury, or for exercising their legal rights, such as filing for workers’ compensation after a workplace injury, would be considered wrongful termination.
Breach of Contract: If an employment contract exists, either written or implied, that specifies the terms of employment, including conditions under which termination can occur, an employer who violates these terms may be liable for wrongful termination. Even in the absence of a formal contract, employer policies or employee handbooks can sometimes create an implied contract that limits the employer’s ability to terminate an employee.
Whistleblower Protections
Whistleblower protections are an essential aspect of wrongful termination claims in Tennessee. Under both federal and Tennessee laws, employees who report illegal activities or unsafe working conditions are protected from retaliation, including termination. The Tennessee Public Protection Act (TPPA) is a state law that specifically protects employees who refuse to participate in or remain silent about illegal activities in the workplace. If an employer retaliates by firing the whistleblower, it could constitute wrongful termination.
Proving Wrongful Termination in Tennessee
To successfully bring a wrongful termination claim in Tennessee, an employee must prove that their termination was based on one of the illegal reasons outlined above. This often involves showing that:
- The employee was performing their job satisfactorily.
- They were terminated.
- There was a direct link between the termination and the illegal reason (such as discrimination or retaliation).
Gathering evidence is crucial in these cases. This can include documentation such as emails, performance reviews, and witness testimonies that support the claim. Employees may also need to demonstrate that the employer’s stated reason for the termination was a pretext, or false reason, to cover up the illegal motive.
The Role of the Equal Employment Opportunity Commission (EEOC) and Tennessee Human Rights Commission (THRC)
Employees who believe they have been wrongfully terminated due to discrimination or retaliation can file a charge with the Equal Employment Opportunity Commission (EEOC) or the Tennessee Human Rights Commission (THRC). These agencies investigate claims of unlawful employment practices and can take action if they find evidence of wrongful termination.
Filing a claim with the EEOC or THRC is often a prerequisite to filing a lawsuit in court. Employees must file a charge within 180 days of the alleged wrongful termination to preserve their rights. After the investigation, the agency may issue a “right to sue” letter, allowing the employee to pursue the case in court.
Potential Remedies for Wrongful Termination
If a wrongful termination claim is successful, several remedies may be available to the employee. These can include:
- Reinstatement: The employee may be reinstated to their former position.
- Back Pay: Compensation for lost wages and benefits from the time of termination until the resolution of the case.
- Front Pay: Compensation for future lost wages if reinstatement is not feasible.
- Compensatory Damages: These can include compensation for emotional distress, pain and suffering, and other non-economic damages.
- Punitive Damages: In cases where the employer’s conduct was particularly egregious, punitive damages may be awarded to punish the employer and deter similar behavior in the future.
Avoiding Wrongful Termination Claims
For employers, avoiding wrongful termination claims involves understanding and complying with all relevant employment laws and treating employees fairly. This includes documenting the reasons for termination and ensuring that those reasons are lawful and well-supported. Employers should also provide training to management on recognizing and preventing illegal discrimination, harassment, and retaliation in the workplace.
Understanding what constitutes wrongful termination in Tennessee is crucial for both employees seeking to protect their rights and employers aiming to comply with the law. While Tennessee’s at-will employment doctrine gives employers significant freedom to manage their workforce, this freedom is not absolute. Employees who believe they have been wrongfully terminated should seek legal advice to explore their options, while employers should strive to maintain fair and legal employment practices to avoid costly litigation.
Here are some common questions our attorneys hear from people just like you:
What is considered wrongful termination in Tennessee? Wrongful termination in Tennessee occurs when an employee is fired for illegal reasons, such as discrimination, retaliation, violation of public policy, or breach of contract.
Can you sue for wrongful termination in Tennessee? Yes, employees in Tennessee can sue for wrongful termination if they believe they were terminated for illegal reasons. Filing a claim with the EEOC or THRC is typically the first step.
How do you prove wrongful termination? To prove wrongful termination, an employee must show that their firing was based on an illegal reason and provide evidence such as documentation and witness testimony.
What is the time limit for filing a wrongful termination claim in Tennessee? Employees must file a charge with the EEOC or THRC within 180 days of the alleged wrongful termination to preserve their rights.
Are whistleblowers protected from wrongful termination in Tennessee? Yes, Tennessee laws protect whistleblowers from retaliation, including termination, for reporting illegal activities or unsafe working conditions.
What remedies are available for wrongful termination? Remedies for wrongful termination can include reinstatement, back pay, front pay, compensatory damages, and sometimes punitive damages.
If you feel like you have been wrongfully terminated, we can help. Call us at (901)737-7740 or reach out through our contact form.