Wrongful Discharge / Wrongful Termination
In Tennessee, employees are considered “at will” and can be terminated at the employer’s discretion for any reason that is not illegal.There are a few exceptions to this rule.
An employer who fires an employee wrongfully means that the employee was fired illegally. When a termination is deemed “wrongful” in an “at will” jurisdiction, there are three situations.
First, wrongful discharge occurs when an employer terminates the employment of an employee based on their protected status, such as their race, color, sex, religion, national origin, etc. Such wrongful discharge falls under anti-discrimination laws enacted by the federal and local governments.
Second, an employer firing an employee in violation of an employment contract is also considered a “wrongful discharge.” The employment contract and state law usually govern this type of termination.
Third, “wrongful discharge” also refers to wrongful termination that violates public policy. As an example, many states prohibit firing an employee for filing a legal lawsuit against the employer, refusing to violate a legal or regulatory requirement, or refusing to follow instructions that would conflict with a legal requirement.
