Wrongful Termination in Tennessee
Tennessee is generally an at-will state, but some firings are illegal. Here are the exceptions, retaliation protections and where to file.
Short answer: Employers may generally end employment at any time for any reason or no reason, and employees may quit at any time. Tenn. Code Ann. §§ 8-33-101 to -109, 50-1-201 to -204, 50-6-101 et seq., 22-4-106, 50-1-304
| At-will employment and exceptions | Employers may generally end employment at any time for any reason or no reason, and employees may quit at any time. Exceptions include discrimination based on race, sex, age, religion, color, national origin or disability, and firing for: military service; exercising the right of association; filing a workers' compensation claim; jury duty (the employer must also pay wages during jury service, less the court's pay); and refusing to take part in, or to stay silent about, illegal activities. |
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| Whistleblower and retaliation protection | Tennessee's whistleblower law protects employees from being fired solely for refusing to take part in, or refusing to stay silent about, illegal activities. In a lawsuit, the employee must first make a basic case of retaliation; the employer then must give a legitimate reason, and the employee must show that reason was a pretext. |
| Job discrimination complaints | Civil Rights Enforcement Division (CRED) of the Tennessee Attorney General's Office. A complaint must be filed within 180 days of the discriminatory act. Alternatively, a person may sue directly in state court under the Tennessee Human Rights Act or Tennessee Disability Act within one year after the discrimination ends; filing with CRED does not extend that one-year deadline. |
Where to get help in Tennessee
More Tennessee employment law
- Minimum Wage in Tennessee
- Final Paycheck Laws in Tennessee
- Meal and Rest Break Laws in Tennessee
- Paid Sick Leave in Tennessee
- All Tennessee employment law rules
FAQ
Is Tennessee an at-will employment state?
Employers may generally end employment at any time for any reason or no reason, and employees may quit at any time. Exceptions include discrimination based on race, sex, age, religion, color, national origin or disability, and firing for: military service; exercising the right of association; filing a workers' compensation claim; jury duty (the employer must also pay wages during jury service, less the court's pay); and refusing to take part in, or to stay silent about, illegal activities.
Is it illegal to fire someone for reporting a violation in Tennessee?
Tennessee's whistleblower law protects employees from being fired solely for refusing to take part in, or refusing to stay silent about, illegal activities. In a lawsuit, the employee must first make a basic case of retaliation; the employer then must give a legitimate reason, and the employee must show that reason was a pretext.
Where do I file a job discrimination complaint in Tennessee?
Civil Rights Enforcement Division (CRED) of the Tennessee Attorney General's Office. A complaint must be filed within 180 days of the discriminatory act. Alternatively, a person may sue directly in state court under the Tennessee Human Rights Act or Tennessee Disability Act within one year after the discrimination ends; filing with CRED does not extend that one-year deadline.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.