What is Wrongful Termination?

Landing a new job can be exciting, but jobs rarely last forever. Gone are the days when a person would be at their same job for several decades. Companies seem to be laying off workers constantly.

This can be a frustrating situation for workers, but typically they don’t have any recourse. Employment laws and employee rights can be tricky. Almost all states (except Montana) are at-will states.

This means that either party (the employee or employer) can end the employment relationship at any time without incurring legal liability. However, they cannot fire a person for discriminatory reasons. This means an employee cannot be fired based on their gender, age, race, national origin, or disability.

Employees also have this right. They are free to leave a job at any time for any reason at all. They will suffer no adverse legal consequences. Contrary to popular belief, an employee does not even need to give a two-week notice.

There are few other exceptions to the employment at will doctrine. An employee cannot be terminated if they:

• Are called to military service.
• Vote in elections.
• Have their wages garnished.
• File a workers’ compensation claim.
• Are called to jury duty.

Filing a Wrongful Termination Claim

If you believe you were wrongly terminated from your job, discuss your situation with an employment lawyer. These cases are not easy and you’ll need all the help you can get to prove your case. Plus, there are often strict deadlines involved, so you need to act quickly.

Once you determine your termination was unlawful, here are the steps you need to take:

• Gather evidence. You’ll need to document your case thoroughly. Collect evidence such as employment records, correspondence, and termination documents. Get statements from co-workers and other witnesses.
• File a complaint with the EEOC. If your case involves discrimination, harassment, or retaliation, you will need to file a complaint with the Equal Employment Opportunity Commission (EEOC). You will need to file the complaint within 180 days. The EEOC will then investigate, mediate, or issue a “right-to-sue” letter allowing you to proceed with your lawsuit.
• File a lawsuit. If mediation or settlement is unsuccessful, your attorney can file a lawsuit in the appropriate court. The process generally involves drafting a complaint, engaging in discovery, and settling the case. If the case does not settle, then your case will go to court. If you win your case, you may be entitled to back pay and benefits, compensation for emotional distress, attorney fees, and legal costs.

Contact Us Today

Nobody wants to be laid off from their job but it happens often. Tennessee is an at-will employment state, but it’s important to understand the exceptions, as someone can be wrongfully terminated.

A Mt. Juliet employment lawyer from Law Offices of Christopher Eads, PLLC can help. We represent clients in a wide range of workplace claims. Our firm will advocate aggressively for your best possible outcome and work tirelessly to secure the outcome you deserve. Call (615) 622-6060 or fill out the online form to schedule a consultation.

Source:

tn.gov/workforce/employees/labor-laws/labor-laws-redirect/employee-rights.html