Tennessee Wrongful Termination Laws

Federal laws such as the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964 protect employees from wrongful termination and discrimination in the workplace. However, in addition to those laws, most states have statutes to supplement and expand those protections. And while Tennessee is an “at will” employment state that allows employers and employees to terminate the work relationship for any reason, that guarantee is limited by discrimination laws in order to protect employees. If violations do occur, these regulations provide remedies by way of claims filed through state agencies or private suits filed with employee rights lawyers.

Tennessee’s Specific Labor Laws

There are a number of state-specific labor laws in Tennessee that supplement federal wrongful termination and discrimination laws, as seen in the chart below:

Benefit	State Law	Additional Benefits
Right to Work	Yes
State Minimum Wage	No
State Military Leave	Yes	Disqualification of applicants and termination of employees due to national guard membership or required leave for training or drills is prohibited
Jury Duty	Yes	Employers with 5 employees or more; not applicable to temporary employees with less than 6 months service; paid leave, regular wages minus jury fees; night shift workers not required to work during and the night before serving jury duty; employee must notify employer the day after receiving jury summons
Voting	Yes	Paid time off, if required; reasonable time off, up to 3 hours if necessary; not required if employee has 3 nonwork hours after polls open or before they close; employee must request leave before noon the day prior to elections
Garnishment	Yes	Employer fee, up to 5% of amount withheld (or no more than $5 per month); applies only to child and spousal support garnishments; discipline or penalties for garnishment prohibited (no limit specified)
State Family & Medical Leave	Yes	Employers with at least 100 employees covered; eligible employees have worked 12 consecutive months; up to 4 months of unpaid leave for maternity/pregnancy and childbirth (which includes nursing); 3 month’s notice required unless it is a medical emergency; employer must include these laws in employee handbook
Arrest & Conviction Records	No
Discrimination	Yes	For 8 or more employees (1 or more employee for gender-based wage discrimination); for age (40 or older); national origin; disability (physical or mental); gender; race; religion
Whistleblower	Yes	For both public and private employees; employer cannot terminate, discriminate, or retaliate against employee for reporting violations
Plant Closings	Yes	Applies to company closings, modernization, relocation, or new management; those that lay off 50 or more employees either permanently or temporarily during a 3-month period; required for companies with 50 to 99 full-time, in-state employees; notification required for employees first, then the Commissioner of Labor and Workforce Development, with details of closing and employees being laid off; does not apply to construction sites or common seasonal fluctuations

*These laws change often, so consult local statutes for the most up-to-date information.

Tennessee Discrimination Laws

Employees have great leeway in filing discrimination claims and civil actions in Tennessee, according to the parameters outlined in state statutes:

Tennessee laws allow employees who are victims of workplace discrimination or wrongful termination to file a claim with state agencies or through their employee rights lawyer in civil court.
If discrimination claims or suits are successful, Tennessee law allows employees to recover attorney’s fees.
Employees, state agencies, and employee rights lawyers must be sure to file claims or civil actions before the statute of limitations runs out, which is 180 days for agency claims, or 1 year for private actions.

Filing a Claim for Wrongful Termination

Tennessee statutes allow employees to file wrongful termination claims or lawsuits, with no priority for state agencies in their requirements. Generally, state representatives or employee rights attorneys will attempt mediation before arguing civil suits in state courts.

Legal Remedies for Wrongful Termination

The remedies for wrongful termination vary, depending on the violation and whether it was willful or not. Some of the remedies that may apply include

Injunctive relief in the workplace
Reinstatement of benefits and position
Lost wages
Punitive damages
Compensation for stress and suffering
Attorney’s fees and court costs

Tennessee includes additional penalties for employers who violate statutes in the following areas:

Jury duty – Class A misdemeanor, with fines of up to $2,500 and/or up to 11 months, 29 days in jail, liable for back pay, benefits, and reinstatement

Garnishment – penalties relating to child support withholding, for employee discrimination or noncompliance with support orders, class C misdemeanor, with fines of up to $50 and/or up to 30 days in jail

In these difficult economic times, wrongful termination becomes an even more serious violation of an employee’s civil rights. That is why it is so important for a victim to have skilled and experienced representation when filing a claim or private suit. Experienced employee rights attorneys can help their clients determine which, and often how many, discrimination laws have been violated and how to best pursue the remedies that Tennessee law provides.

Local Resources

EEOC Regional Branches

Memphis District Office
1407 Union Avenue, Suite 621
Memphis, TN 38104
901-544-0115 or 800-669-4000
TTY: 901-544-0112 or 800-669-6820
FAX: 901-544-0111

Human Rights Commission
Knoxville, TN
865-594-6500
www.tennessee.gov/humanrights

Wrongful Termination Claim?