Tennessee is what is commonly called an “at will” state in regards to work. This means both the employee and the employer have the right to end employment with or without a reason. There are, however, certain specific conditions in which it is unlawful to fire an employee. In cases of suspected wrongful termination, a former employee can initiate legal action. Learn below what circumstances constitute wrongful dismissal from a job.

Employment Contract

When you and your employer sign a written contract its terms become legally binding. This means both parties must abide by the terms set forth in the document. So, if your contract states your employment is for a designated period of time, you cannot be dismissed early unless you breach a condition set forth in the contract. For example, if the document specifies you must complete a 90 day probational period before becoming a permanent employee, you can be legally terminated at any time before the 90 days have passed.

In some cases the contract does not have to be written and to exist. Verbal contracts, and especially implied ones, are tricky to prove in a court of law. You need solid evidence to prove a contract exists without possessing a written and signed document.

Violation of Collective Bargaining Agreement

When you are a member of a labor or trade union (a formal an association of workers) this organization represents you in regard to the conditions of your employment. If you are terminated from a job in violation of your union’s contract (collective bargaining agreement), the employer has broken the law. You must prove this in a Tennessee court to receive recompense.

Dismissal for Taking Lawful Action

An employer must not terminate an employee for taking lawful action. For instance, you cannot be fired for reporting illegal activity committed by or connected to your company, taking time off work for jury duty or to vote in a public election or missing work to serve in the National Guard or Armed Forces. If your employer dismisses you abiding by your right to take action in these or other matters regarding lawful public activity, you can choose to sue.

Act of Discrimination

It is unlawful to discriminate against an employee based on the following considerations:

• Race
• Color
• Religion
• National Origin
• Sex (including pregnancy and childbirth)

The United States Equal Employment Opportunity Commission  works to enforce the law which forbids discrimination against people in these protected classes. An employer who terminates an employee due to an act of discrimination based on one or more of these protected classes violates the law.

You must have a solid case against an employer to win a lawsuit claiming unlawful termination. For best results, contact a law firm experienced in handling workplace violations including wrongful dismissal. You need expert help in regaining your job or receiving reasonable compensation for your loss of the job.