As an example, the at-will rule does not apply in a case where you can prove the only reason you got fired was that you are over the age of 40 and a woman at that.
The rights and obligations of both employers and employees in Tennessee are regulated by federal and state labor laws. For instance, employees in private and public companies are protected against discrimination based on sex, race, color, national origin, age, disability, religion, etc. If an employee believes they are discriminated against, they have the right to file a complaint with state or federal agencies. However, before you take any action you should consider talking to an experienced Tennessee employment lawyer as the laws are very complex and you want to make sure you have a case.
Do I need lawyer for a sexual harassment complaint in Tennessee?
Sexual harassment is strictly prohibited in Tennessee under anti-discrimination laws. The law defines two types of sexual harassment.
Quid pro quo cases refer to those situations when a supervisor or manager is asking you for sexual acts in return for a promotion or with the direct or indirect threat of termination.
Hostile work environment describes those situations where one or several coworkers sexually harass you in any way. As an example, if your coworkers make sexist jokes or use derogatory terms when talking to you or about you, this is a form of verbal harassment. If they try to touch you in an appropriate manner, fondle or kiss you, this is called physical sexual harassment.
When you contact a sexual harassment lawyer, they will explain the procedure to follow in both types of sexual harassment. If you’re thinking about suing your employer, you need to know that before you can do that, you must file an internal complaint.
The law requires you to give your employer the opportunity to remedy the situation.Your employer is required to investigate your complaint in a timely manner and inform you of the measures taken to stop the harassment.
If your employer refuses to take action or, worse, retaliates against you, a seasoned lawyer will help you file charges with the Equal Employment Opportunity Commission. The agency will investigate your complaint and negotiate a settlement. If that doesn’t work, the EEOC may decide to file a lawsuit on your behalf or issue a ‘notice to sue’ giving you the right to take your employer to court.
Can you sue for wrongful termination in Tennessee?
Tennessee is an at-will employment state which means that your employer can fire you without a reason or you can quit whenever you want.
However, your employer is not allowed to fire you for an unlawful reason. For instance, if they fire you for being in a protected class as defined by anti-discrimination laws, you can file a complaint for wrongful termination or sue them.
As an example, the at-will rule does not apply in a case where you can prove the only reason you got fired was that you are over the age of 40 and a woman at that. A skilled employment lawyer in Nashville can help you prove there were no issues with your job performance or work discipline, but instead of firing a younger employee with a less impressive performance, your employer chose to terminate you.
Also, if you had a contract, written or implied, the employer cannot fire you under the at-will rule. Unless there was a breach of contract on your part, their decision to fire you is a case of wrongful termination and you have the right to sue them.