Wrongful Termination

Wrongful Termination in Nashville Tennessee

In Tennessee, everyone has the right to earn a living, and employers have the right to fire or terminate employees.  Tennessee is a “right to work” state.  Generally speaking, unless the firing or loss of job benefit is related to or caused by unlawful discrimination based on sex, race, color, national origin, creed, age, or disability, an employee can be hired, promoted, demoted, or fired for any reason or no reason.

The term wrongful termination covers a broad range of instances. In fact, wrongful termination can occur when an employer breaks a contract between him or her and an employee; an employer breaks written or implied promises he or she made to an employee; an employer breaches good faith and fair dealing between him or her and  an employee; an employer violates public policy; an employer discriminates against an employee; an employer retaliates against an employee; an employer commits fraud; an employer commits defamation against an employee; and/or an employer violates his or her employees’ right to blow the whistle on him or her.

Written promises often exist in an employment contract, which states that the employer only can fire an employee for good reasons as outlined in the contract, whereas implied promises usually take the form of oral and/or actions-based agreements between employer and employee but can be supported by employee handbooks. Nevertheless, implied promises are tricky and difficult to enforce.  Courts often consider how long the employee worked for the employer; how often company promotions occurred; how many positive employee performance reviews were given; whether the employee was reassured his or her employment was secure and permanent; whether the employer neglected to warn the employee of his or her termination; and/or whether the employer actually promised job security when hiring him or her.

If good faith and fair dealing in an agreement or contract between employee and employer was breached, courts consider whether the employee was fired or continually transferred in order to decrease his or her chances of collecting sales commissions; whether the employer misinformed or misled the employee about being promoted or receiving a raise; whether the employer gave false reasons for terminating the employee when the actual reason is that the employer hired cheaper labor; whether the employer sugar-coated or over-downplayed the negative aspects of a specific job; and/or whether the employer continually transferred the employee in order to induce or coerce him or her into quitting without receiving his or her severance package. For public policy violations or retaliation, courts factor in whether the employer fired the employee because he or she brought to light that the employer refused to give him or her his or her vacation payment; took off time to serve as a juror, to serve in the military, or to vote; and/or blew the whistle on the employer.

When employees are discriminated against and then terminated, allegations of race, nationality, ethnicity, religion, sexual orientation, gender identity, age, or disability discrimination are often made. When an employer fires an employee as an act of retaliation, the employee must prove that he or she was doing a legally protected act; that the legally protected act prompted the employer to counteract in some way, such as reprimanding the employee after learning of the complaint; and that the employer’s reactions had negative consequences for the employee such as writing a negative review on the employee, refusing to promote him or her, or outright firing him or her.

Sometimes, employees believe that a former employer has made false statements to another prospective employer and costs them a job.  This is called defamation: The employee’s community reputation is damaged. A legal remedy for defamation is to sue, and the employee must prove that the employer made false and malicious statements about him or her; that the employer shared the false and malicious statements with other individuals; and that the employer hurt him or her in some way such as causing him or her to lose his or her current job or to not land a new one. In order to win a defamation lawsuit, however, the employee must prove that the false and malicious statements are more than mere gossip; that they have some factual basis; and that they truly are false.

When wrongful termination results from whistle-blowing, the legal and judicial procedures vary from state to state. In some states, whistle-blowers are awarded protection when they report that their employer violated any sort of law. Conversely, in other states, whistle-blowers must report that their employer violated particular types of laws such as environmental and labor laws.

If you were fired for any reason, talk to a lawyer and learn about your rights.  Before terminating an employee, employers may consider consulting with a lawyer.  Remember this: You have rights and legal remedies. For more information, contact Nashville Attorney Perry A. Craft.