When is a Job Termination Considered Wrongful in Tennessee?
The majority of employment relationships in Tennessee fall into the category of "at-will" employment. This type of setup means that either employer or the employee is free to end the employment at any time they desire. The only exception to "at-will" employment is that the employment may not be terminated in a manner that violates the law.
Employment not falling in the "at will" category is subject to different limitations and requirements, so you should be sure to learn the classification of your work setup. If an employment contract specifying a time for employment is involved for your work arrangements, then employment is not "at will", and termination can only be done following the terms of the contract.
What are the Illegal Grounds for Terminating At Will Employment in Tennessee?
In a Tennessee at-will employment, discrimination is the most common illegal ground for terminating an employee. Termination by an employer cannot be done on the basis of race, nationality, gender, or religion. A Chattanooga employer also is prohibited from terminating at-will employees as a method of retaliation if the worker has sought an investigation into discrimination or has filed a legal claim for discrimination against the employer.
Furthermore, according to the Family and Medical leave, employers are prohibited from firing employees who take leave for family or medical purposes. Lastly, employers cannot fire employees who are simply exercising a legal right, performing an obligation under law, or refusing to do an illegal act.
Do I Need a Tennessee Attorney for My Wrongful Termination Case?
A local Chattanooga, Tennessee attorney can better inform you about whether a wrongful termination has occurred, and will also help in gathering the appropriate documents for your case. There may also be unique procedures that an attorney can shepherd you through.
