Can I sue for wrongful termination in Tennessee?
1. At-Will Default
Tennessee follows the at-will doctrine. Payne v. Western & Atlantic R.R., 81 Tenn. 507 (1884).
2. Public Policy Exception
Clanton v. Cain-Sloan Co., 677 S.W.2d 441 (Tenn. 1984), recognized a tort for firing in retaliation for filing a workers' comp claim. The Tennessee Public Protection Act (TPPA), T.C.A. § 50-1-304, codifies a whistleblower cause of action: termination "solely" for refusing to participate in or remain silent about illegal activities. Common-law Crews v. Buckman Labs, 78 S.W.3d 852 (Tenn. 2002), recognizes a broader common-law public-policy tort.
3. Implied Contract
Recognized narrowly. Hamby v. Genesco, Inc., 627 S.W.2d 373 (Tenn. App. 1981) — handbook with definite language and no disclaimer.
4. Implied Covenant of Good Faith
Not recognized in at-will employment.
5. Statutory Discrimination Claims
Tennessee Human Rights Act (THRA), T.C.A. § 4-21-101, mirrors Title VII for employers of 8+. Tennessee Disability Act (T.C.A. § 8-50-103). Tennessee Human Rights Commission (THRC) enforces; 180-day charge window. Title VII via EEOC within 300 days.
6. Retaliation Statutes
TPPA (T.C.A. § 50-1-304) — whistleblower. T.C.A. § 50-6-114 — workers' comp anti-retaliation (now generally subsumed by Clanton common-law tort, though 2014 amendments altered remedies). T.C.A. § 4-21-301 — discrimination retaliation.
7. WARN Act
No Tennessee mini-WARN. Federal WARN applies. T.C.A. § 50-1-601 requires notice for plant closures.
8. Damages
Common-law tort: back pay, compensatory, punitive (T.C.A. § 29-39-104 caps compensatory at $750k and punitive at greater of 2x compensatory or $500k post-2011). TPPA: back pay, reinstatement, attorney's fees. THRA: back pay, compensatory, punitive (capped per Title VII).
9. Statute of Limitations
TPPA: 1 year (T.C.A. § 28-3-104); Clanton tort: 1 year; THRA: 180 days to THRC, 1 year for direct civil action; written contract: 6 years.
This is legal information, not legal advice.
- You were fired solely for refusing to participate in illegal activity (TPPA)
- You filed a workers' comp claim and were terminated soon after (Clanton tort)
- You faced discrimination under THRA or federal law within the 1-year filing window
- T.C.A. § 4-21-101 (THRA)
- T.C.A. § 50-1-304 (Public Protection Act)
- T.C.A. § 50-6-114 (WC retaliation)
- Clanton v. Cain-Sloan Co., 677 S.W.2d 441 (Tenn. 1984)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.