What To Do If You Have Been Wrongfully Terminated
Individuals rely on their work as a means of income to provide for essential needs. Termination from a job can often lead to questions of whether or not the act is wrongful and, if so, what actions can be taken.
Certain acts of discrimination leading to termination are unlawful. However, the employee must demonstrate a wrongful termination by an employer, which can be a complex and challenging task. There are actions you can take to prove a Tennessee wrongful termination.
Tennessee’s Employee Rights
Termination from the workplace in Tennessee can come without warning. A reason does not need to exist for an employee to lose their job or to choose to leave a position. This doctrine is known as employment-at-will. Understanding employee rights and when it is unlawful to terminate an employee is essential to protect against illegal termination practices.
Secure Employment Documents
They might seem like useless papers, but even after years or decades of employment with a company or business, keeping a copy of essential documents defining work roles is always recommended. This information can legally define an employee’s position and performance within a company. Some of these documents can include:
- Employment contract
- Work policies
- Performance evaluations
- Pay stubs
- Personnel file with possible corrective actions, performance bonuses, or termination notice
These documents will lay out the foundation and expectations of an employee’s role. Also, in this paperwork, any email correspondence or documentation that may support a wrongful termination in Mount Juliet should be retained to substantiate a claim.
Document the Termination
It can leave the most solid individual shaken when termination occurs. Take some time as soon as possible to document the incidents in your own words, listing how the conversation leading to termination occurred, the reason for termination, any witnesses to the incident, and any other contributing factors that may appear to be related to the incident.
Become Familiar With Discriminatory Practices
There are particular instances in the Tennessee Employee Rights noted above that do not allow for an employee’s termination because these actions are discriminatory. As the employee, it will be up to you to prove that discrimination led to firing. Some of the reasons an employee cannot be terminated are listed below:
- Age
- Sex
- Religious affiliation
- Race or national origin
- Being disabled
Termination for any of the reasons listed above should be discussed with a Mount Juliet workplace discrimination attorney.
Other Exceptions to Tennessee’s Employment-at-Will Laws
Also documented in Tennessee’s employment rights mentioned above are additional reasons an employee cannot be terminated. Those exceptions to termination include:
- Voting in Elections
- Filing a workers’ compensation claim
- Required service as a juror
- Being called for military service
- Exercising the right of association
- Wage garnishment
- Whistleblowing
Proving these factors as a reason for termination can be complicated and is often only determined through a thorough investigation.
Work With a Mount Juliet Wrongful Termination Attorney
There are specific steps that an employee must take if a wrongful termination is suspected, such as filing a complaint with the Tennessee Human Rights Commission and potentially the Equal Employment Opportunity Commission (EEOC). Ensuring the proper documentation and order of each action can be overwhelming. The Law Offices of Christopher Eads, PLLC, will take every step possible to ensure your claim is addressed appropriately and your rights as an employee are protected.
A free consultation can help us determine if you were wrongfully terminated from the workplace. Our team takes these claims seriously and will relentlessly pursue justice. Contact us today to restore your rights in a Mount Juliet wrongful termination.