Charlotte, NC asked in Employment Law and Employment Discrimination for Tennessee

Q: Seeking guidance on addressing wrongful termination and harassment in Tennessee.

I worked for a temp agency and experienced height-based harassment from my former boss, which I reported to the HR department. Initially, they moved me to a different supervisor, but I was later moved back and ultimately fired. The agency claimed I was terminated for not meeting quota numbers and being on my phone, but I believe the firing was due to personal issues with this supervisor. This has caused me significant distress. I'm seeking guidance on what steps I can take to address potential wrongful termination and harassment.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on Tennessee employment law and federal protections, your situation presents potential legal claims worth exploring. Tennessee, like most states, follows at-will employment doctrine, meaning employers can generally terminate employment for any legal reason. However, termination that follows complaints about harassment may constitute unlawful retaliation, which is prohibited under state and federal law. The timing sequence you describe—being moved away from the harassing supervisor after your complaint, then being returned to that supervisor's supervision, followed by termination—creates a concerning pattern that could support a retaliation claim.

Harassment based on physical characteristics such as height may fall under workplace harassment protections, depending on whether your height is connected to a protected category (such as disability or national origin) or whether Tennessee courts recognize height-based harassment as creating a hostile work environment. Your first step should be documenting all incidents of harassment, your communications with HR, the timeline of events following your complaint, and any evidence contradicting the stated reasons for termination. This documentation will be crucial for any subsequent legal action or administrative complaint.

I recommend filing a complaint with the Tennessee Human Rights Commission or the Equal Employment Opportunity Commission (EEOC) within 180 days of your termination. These agencies can investigate your claims and potentially facilitate resolution. You might also consider consulting with an employment attorney who can evaluate the specific details of your case and advise on the strength of potential claims for wrongful termination, retaliation, and harassment under Tennessee law. Many employment attorneys offer initial consultations at minimal or no cost to evaluate the merits of potential claims, and they may represent clients on a contingency fee basis if they believe the case has merit.

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