Our team of skilled employment lawyers in Nashville represent individuals in workplace disputes with their employers. We are relentless advocates for workers who seek justice for their wrongful termination.
Our workplace attorneys have been recognized by Super Lawyers® and Best Lawyers® for work in labor and employment Litigation based on peer review and professional achievement.
If your intuition is telling you something is off with your termination, do not wait to reach out to experienced lawyers. You can contact us online or by calling the number above for a free online case review.
Overview of Employment Law Legal RightsAs an employee in the state of Tennessee, you have legal rights designed to ensure fair workplace treatment in exchange for your labor. To be wrongfully terminated means you were fired in violation of a legal right. Although Tennessee is an at-will employment state, many exceptions exist to the at-will employment doctrine, some of which are below.
Tennessee employees have legal rights in the employment relationship that fall under one or more of the following four broad categories: (1) Statutory; (2) Common Law/Public Policy; (3) Contractual; and/or (4) Constitutional.
1. Employee Statutory Rights in TennesseeFederal and Tennessee laws prohibit mistreatment in employment based on protected characteristics and protected activity. For example, it is unlawful for an employee to be terminated due to an employer’s:
A. Retaliation because you:
B. Discrimination based on your:
C. Violation of Protected Leave Rights
2. Common Law / Public Policy Rights in Tennessee EmploymentTennessee courts have identified several common law protections against being terminated in violation of public policy. As such, an employer is prohibited from discharging an employee because the employee invoked a right granted by Tennessee public policy. For example, wrongful termination against public policy may include an employer firing an employee for:
Employees with an express or implied employment contract have additional legal rights to assert against their employer. Legal claims may include breach of contract, negligent misrepresentation, and unjust enrichment. In limited circumstances, an employer’s written representations that an employee’s job is secure may create an implied employment contract. Also, union employees have contractual rights via their collective bargaining agreement.
4. Constitutional Rights of Employees in TennesseePublic employees may be protected from wrongful termination by the U.S. and Tennessee Constitutions. The First Amendment affords public employees free speech rights on matters of public concern. In addition, public employees may have property and liberty interests in continued employment, resulting in due process requirements such as a Loudermill hearing.
If you believe you were wrongfully terminated, call our Nashville-based employment lawyers for a free online case review.
How to Submit a Workplace ComplaintIf you are still employed and believe your legal rights are being violated, follow these steps.
Remember: Human Resources are not your friend. Your employer pays human resources to protect the company from you, not vice versa. Always be respectful, but keep in mind that HR personnel will not risk their careers to stick up for you.
Termination: Next Steps to Protect Your Legal RightsIf you were recently terminated under questionable circumstances, then you may be a victim of wrongful termination. Follow the 4 steps below to protect your legal rights.
1. Do Not Lash OutYour job has been wrongfully taken from you and you are rightfully extremely angry and you probably want revenge, but do not:
Creating a paper trail of angry and inflammatory comments about your old employer will be used by the company’s lawyers to paint you in a negative light in front of a judge and jury. You want to be the calm and reasonable party in an employment law case.
2. Do Not Sign AnythingYour employer may present you with a severance agreement. Do not sign it until you have an experienced severance attorney review the specific facts of your termination. Ask the company for a day to review the agreement and then immediately contact an severance package lawyer. For more information on severance agreements, see our Severance Agreements page.
If you are not sure whether or not you need an attorney, contact one of our skilled employment attorneys in Nashville right away.
3. Collect Potential EvidenceIf your case ends up in court, you want to lay a solid foundation for any potential legal claims. Even if you don't end up in court, you need to have a case that a judge could find credible in order for your employer to consider settling the claim in your favor. Employment law cases are often difficult and you will need evidence to show that your termination was against the law. Useful evidence in employment cases may include:
Tennessee’s Recording Law provides for one-party consent, meaning you can potentially record conversations without your employer’s consent. However, before doing so, it’s a good idea to speak with a knowledgeable employment attorney in Nashville to understand all pros and cons.
For example, you should not violate any company policy or procedure that prohibits such recordings, especially in sensitive industries such as healthcare where privacy and protecting patient information is a top priority.
Also, when collecting potential evidence, do not engage in “self-help” discovery by taking documents or accessing information that you have no right to access or possess. Doing so could potentially hurt your employment legal claims and expose you to counterclaims. Your lawyer can use formal discovery tools to request documents and records later in the case.
4. Immediately Contact a Tennessee Employment LawyerDo not underestimate the peace of mind that comes from understanding your legal rights. Ignorance is not bliss; what you do not know can legally harm you.
Contact an employment attorney in Nashville for a free online case review at the number above or online.
How Much Is a Tennessee Employment Law Case Worth?The value of a given case varies significantly based on many factors, most of which are outside of your control, including the severity of the legal violation, how much money you have lost in earnings and benefits (if terminated), the type and quality of evidence, whether or not you reported the wrongful conduct, and if the harasser or company have committed similar offenses against people in the past.
That said, there are four general categories of damages in employment law cases:
*Compensatory and punitive damages in employment cases are subject to a combined monetary cap under federal law. Compensatory damages are also capped under Tennessee law (punitive damages are not available in employment cases under Tennessee law). The capped amount is based on the size of the employer as follows:
These limits do not apply to backpay, interest on backpay, front pay, or any equitable relief.
Statute of Limitations for Employment Law Claims in TennesseeEmployment law claims have strict deadlines called statute of limitations. If you miss this deadline, then you will be barred from going to court for your legal claims. The exact deadline(s) that may apply varies depending on what laws have been violated and when you learned of the violations. If you may have legal claims do not wait, contact an employment law attorney serving Nashville right away.
It's Time to Fight Back – Call Our Firm TodayYou deserve justice and compensation for your wrongful termination. Contact our Nashville employment lawyers today at the number above or online for a free online case review.