Tennessee Wrongful Termination Legal Questions

This is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination.   So, yes, you can be fired for reporting the general manager.  You would have a claim for wrongful firing only if your report was a "protected activity" as noted above i.e. there is a specific law that protected your right to complain.  ... Read More

Send me an email to let me know where you live. It sounds like you have a good case and I know an attorney who specializes in employment law who can help you but I need for you to send me your email so I can foward it onto him so he can reach out to you.  If you feel uncomfortable in sending me your email, the attorne'ys name is Frank Steiner and he works in Nashville so you can feel free to reach out to him yourself.... Read More

Tennessee is what is called an employment at will state. Under the “employment at will” doctrine, both the employer and the employee are generally permitted, with certain exceptions, to terminate the employment relationship at any time for good cause, bad cause, or no cause. You can not fire the employee if it is based upon the employees race, sex, age, religious beliefs, national origin or as discrimination for the employee attempting to exercise a statutory or constitutional right, or for any other reason which violates a clear public policy which is evidenced by an unambiguous constitutional, statutory, or regulatory provision.... Read More

It is impossible to tell from these facts. In general, an employer in Tennessee can terminate you for any reason including a health related condition or missing work due to a health related condition.  However, if you need time away from work, and are eligible FMLA, then the employer must allow you up to 12 weeks of leave per 12 month period.  If you were FMLA eligble, and you were fired for absences that should be FMLA covered, you would have a claim.   Additionaly, there is another law, the Americans With Disabilities Act (and the Tennessee Human Rights Act), that prohibit discrimination on the basis of a disability and requires an employer to provide reasonable accomodation for employees who have disabilities.  One accomodation that is sometimes possible is time away from work even if the employee was not eligible for FMLA. These are complex laws and each situation is different so you really should consult with an experienced employment attorney.... Read More

Yes.  Tennessee is an employment-at-will state.  You would only have a claim against the employer if there was an unlawful motive for the termination such as unlawful discrimination or unlawful retaliation.  The only possible claim, based on these short facts only, is if you were unavailable because Hours of Service regulations from the DOL.  If that is what happened or there are other pertinent facts, contact an experienced employment attorney as soon as possible. ... Read More

Tennessee is an employment at will state which means that you can be fired for any reason or no reason. The only protection that you have is that you can not be fired because of your race, religious beliefs, national origin, age or sex. You can be fired for not performing your job. Not reporting a workers compensation injury is not a good idea because you only have one body but you find another job. You can not be fired for reporting a workers compensation injury. However, as you have found out, if you are injured and do not report your injuries thinking that you will be fired if you do report them, you can be fired anyway if you can not do the job because of those injuries.  ... Read More

Tennessee is an employment at will state which means that you can be fired for any reason or no reason. The only protection that you have is that you can not be fired because of your race, religious beliefs, national origin, age or sex. If you feel that you were fired solely because of one of these reasons, then you have to file a complaint with the EEOC first.... Read More

No.  In Tennessee personnel files, and the documents therein, are property of the employer.  The employer is not required to provide copies to the employee.   This is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination.  If not, then you would have no legal claim other than a claim for potential unemployment benefits. ... Read More

It depends on what is the basis for the law suit.  Tennessee is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination. Generally, discrimination claims must be filed within 300 days of the termination.  Some claims such as FMLA violations, certain wage claims, and certain racial discrimination claims have longer time limits.  You really need to speak to a Tennessee employment attorney who can help you figure it out. ... Read More

Yes, absolutely you can be fired. This is an employment-at-will state which means you can be fired for any reason and there is no liability for the employer unless there is an unlawful motive for the action taken against you. There are generally only two forms of unlawful motives: unlawful discrimination or unlawful retaliation. Discrimination in employment is unlawful if it is due to race, color, sex, national origin, religion, disability or age 40 or older. Retaliation in employment is unlawful if you engaged in one of a handful of "legally protected" activities and were fired for engaging in that activity. If either of these was the motive for the termination, then you may have a claim for unlawful termination. Now, he should owe you for any work you have done.  Additionally, you should file for unemployment and challenge his lie that you quit. ... Read More