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Tennessee Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Can I be fired for having an odor due to hoarding caused by a mental health issue?

My supervisors have had complaints and have spoken to me about this. I thought is was a body odor issue and changed all my personal hygiene items even laundry products, but then realized this after talking to a professional counselor. My company sent me home 2 days ago and have yet to let me know... Read more »

Carrie Dyer
Carrie Dyer answered on Jul 13, 2021

Generally speaking, while it might be unfair or unethical, it is not unlawful to terminate an employee due to complaints of body odor. More information is necessary to fully understand your situation. It does not sound like your employer is aware that a medical condition is causing the issue. You... Read more »

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Tennessee on
Q: Let go refused to tell why, age 70 and less than a year work comp. Sep Slip- Lack of Work, Job posted next wk.

Do I have a case? I was in excellent health before injury and my age was not a problem. Injury had nothing to do with age, instead work station and vendor communication did. Before injury co-workers and local management had no idea of my age from appearance and job performance. Records were at... Read more »

Kyle Anderson
Kyle Anderson answered on Jun 9, 2021

Hi, more information is needed here. Were you injured on the job and filed a workers compensation claim? Some states have an anti-retaliation law that prohibits retaliation for filing a workers compensation claim. I would reach out to an employment law attorney in your state for a consultation.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for Tennessee on
Q: Do I have a case for Age Discrimination and Retaliation?

Let go refused to tell why, age 70 and less than a year work comp claim, Separation Slip - Lack of Work, My Job posted the next week.

I was in excellent health before injury and my age was not a problem. Injury had nothing to do with age, instead work station and vendor communication did.... Read more »

Carrie Dyer
Carrie Dyer answered on Jun 8, 2021

More information is needed to analyze your situation. You may have a claim under the Americans with Disabilities Act, depending on the impact resulting from the injury you sustained. You could also have a claim under the Age Discrimination in Employment Act and/or a state law workers'... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Got fired for gallbladder problems, causing me to passout at work.

I told my managers that i was going to the doctor and was waiting for a call to get an ultrasound. But i passed out several times at work over the weekend and i was slumped over in pain several times. Someone took a pict of me saying i was asleep for 30 mins. I wasnt, i was just in pain. HR called... Read more »

Jonathan William Doolan
Jonathan William Doolan answered on Mar 1, 2021

There are several issues that would need to be addressed to properly answer this question, including how many employees the company has and how long you worked there. I would suggest contacting an employment attorney in your area to see if they offer a free consultation.

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: I have a doc note but got fired due to no show
Kyle Anderson
Kyle Anderson answered on Feb 10, 2021

Hi more information is needed here. What did you miss work for? Were you sick or do you another medical issue? If you have a medical issue that qualifies as a disability under the Americans with Disabilities Act or a serious health condition under the FMLA, your absence may have been protected. I... Read more »

1 Answer | Asked in Employment Discrimination for Tennessee on
Q: Can I be fired for recovering from major surgery in Tennessee without a write up?

I had surgery on December 15th with the approval of my employer and while out healing I was called on January 28th and told I was let go because of my absenteeism. I have never received a ride up or a verbal warning prior to this surgery nor after this surgery about my attendance.

Bennett James Wills
Bennett James Wills answered on Feb 1, 2021

Tennessee is an at-will employment state, meaning that one can be fired at any time for almost any reason (subject to certain exceptions). Depending on the size of your employer and other relevant factors, you may have a cause of action for wrongful termination. But without knowing who you work for... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Can a public or private employer require employees to get the COVID-19 vaccine?
Rhiannon Herbert
Rhiannon Herbert answered on Jan 13, 2021

Generally, the answer to this question is yes. However, if you have a medical condition that prohibits you from receiving the vaccine or if you have a religious objection to receiving the vaccine, you may be entitled to request an accommodation in the form of exemption from mandatory vaccination... Read more »

1 Answer | Asked in Criminal Law, Employment Law and Employment Discrimination for Tennessee on
Q: Are employer's allowed to blantently say they will not hire me due to my pending charges even though my case is delayed?
Anthony M. Avery
Anthony M. Avery answered on Jan 4, 2021

Yes... Tennessee is an Employment Terminable At Will State

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Can a company fire you for attendance if it's due to psychiatric illness?

Basically, if an employee has discussed with their supervisor that the reason behind being late was due to a psychiatric illness (for example Bipolar Disorder) and the discussion of taking a leave of absence, FMLA, and accommodation took place, but before being able to utilize any of these benefits... Read more »

Carrie Dyer
Carrie Dyer answered on Nov 18, 2020

Additoinal information is necessary to determine if your termiantion was unlawful. It sounds like your employer may have violated the Family Medical Leave Act and/or the Americans with Disabilities Act. You should reach out to an employment attorney in your area to discuss your options.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: I have questions I would like to remain anonymous throughout until I know what to do. I have been mislead by my employer

Several (almost all) employees and I have been falsely promised pay raises, overtime, job security, and working in construction, a lot of personal tools (thousands of dollars worth) are seemingly disappearing. Today we were given our checks (short due to false promises and lies) and told not to... Read more »

Bennett James Wills
Bennett James Wills answered on Sep 15, 2020

Find an employment lawyer near you to discuss these issues. Consultations are covered by the attorney-client privilege so you would not need to be worried about counsel knowing your identity. But much more information would be needed to determine what, if anything, can be done for you.

1 Answer | Asked in Civil Litigation, Employment Discrimination and Employment Law for Tennessee on
Q: I need a lawyer for my denial of unemployment . This company fire me while I was in the hospital for major surgery.
Carrie Dyer
Carrie Dyer answered on Sep 2, 2020

You should reach out to an employment attorney in your area to discuss the details of your situation. Depending on the size of your employer, the length of your employment, and the reason for surgery, you may have qualified for protected medical leave under the Family Medical Leave Act. You may... Read more »

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Is it illegal for an employer to fire an employee after the employer does a background check and discover's a felony

Charge that did not lead to conviction clearly a mistake of stolen identity charges were dropped no conviction

Anthony M. Avery
Anthony M. Avery answered on Aug 19, 2020

Not illegal as TN is an employment at will State. But you should have expunged that Charge long ago. Hire an attorney to get rid of it or it will come up again.

1 Answer | Asked in Employment Law, Employment Discrimination and Health Care Law for Tennessee on
Q: Can my manager comment on my mental health issues?

I work at a retail store as a pharmacy technician. I have ADHD, anxiety, and depression. I take medication for all of these conditions, and for the most part, I feel they’re under control and that I do my job reasonably well. I’ve always been pretty upfront about my struggles, so they're... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 11, 2020

I'm sorry for your ordeal and that your post remains open for five weeks. At this point, you could consider reaching out to Tennessee employment attorneys to discuss your matter in confidence. The format here is brief general questions, and your description seems more complex than something... Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Is this considered employment discrimination?

I have worked at a job for a year and a half. My mother has also worked there for around the same time (joined her team on a retail freight team) she was manager over that area. She was promoted to store manager in which I kept working in freight. I was recently told that it was a conflict of... Read more »

Carrie Dyer
Carrie Dyer answered on May 20, 2020

While it may be unfair, what you have described is not unlawful employment discrimination. Additionally, you do not have the right to a separation notice.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Can my employer refuse to allow my return to work until he sees my medical test results (i.e. flu test, strep test, etc)

I was sick and out of work for two weeks. I have a doctor’s note, which says I was seen and I needed to be out of work from such and such dates. It says that I will be able to return to work on the 9th. My boss/HR is refusing to accept my note because they want proof of what tests were preformed... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 6, 2020

Yes. Unless you have a contract, Tennessee is an employment at will State.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Is this racial harassment or just a dumb comment?

My wife is an accountant at a firm in Nashville. My wife is the only black person in her office. One day a coworker of hers made the comment "the KKK wasn't that bad." Completely out of the blue. It obviously upset her but she didn't make a scene. Later that night she texted one... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Feb 26, 2020

If you'd like to pursue something here, your best bet would be a hostile work environment claim based on race. However, establishing such a claim requires proof that the racially discriminatory comments your wife experienced were both severe (in terms of what was said), and pervasive (meaning... Read more »

1 Answer | Asked in Civil Rights and Employment Discrimination for Tennessee on
Q: I was discriminated against and lied about by a new manager and I have rent to pay. I would like to sue for harassment.

Pinewood Social employee

Gary Kollin
Gary Kollin answered on Nov 9, 2019

You can sue. It will take months to resolve your case

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: My employer is offering something to one employee and not the other. Is that legal?

I had to wait two years to start a retirement account. An employee that has been here four months is eligible for the retirement plan, but another employee who has been here eight months has not even been asked to participate in the plan.

Bennett James Wills
Bennett James Wills answered on Aug 12, 2019

One would need a lot more information to determine an answer. Does the employee have a contract? Employment handbook? Perhaps there's an opt-in period? Consult a local employment attorney.

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: What do I do about a company that is refusing to let me off with a doctor statement I was injured on the job

I work for praxis in Savannah Tennessee I got hurt on the job with a chemical that got in my eye. I went to there doctor they really didn’t tell me what was going on other than you will b fine. I went to the Er and the doctor at the Er put me off for the rest of the week. I gave the company the... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Aug 1, 2019

There seem to be a few options. First, I would look at the workers' compensation law angle. Generally speaking, pursuant to T.C.A. Section 50-6-204, you have thirty (30) days to turn in a workers' compensation injury to your employer. If the thirty (30) days have not passed, then turn... Read more »

1 Answer | Asked in Employment Discrimination for Tennessee on
Q: can i sue for wrongful termination

i was fired with no notice no severance no reason except they needed to make room for another salary from an employee at another store and I was the last kitchen manager at this location. 2 weeks before this I had a conversation with the admin about my cooks going to work at the other location and... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 15, 2019

Your facts would be a weak cause of action at best. If you complained to the Department of Labor prior to termination, it might have been a decent case. Other lawyers might disagree. You have a 1 year SOL.

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