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Tennessee Employment Discrimination Questions & Answers
1 Answer | Asked in Civil Rights, Employment Discrimination and Employment Law for Tennessee on
Q: I got coerced to leave a job after I had an inpatient hospitalization. Do I have grounds to sue for discrimination.

I was not permitted to come back to my original position. I was given three options: move to a much-lower paying position and take a $5 pay cut, get ADA accommodations, or leave and get a severance.

James L. Arrasmith
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answered on Dec 27, 2023

In Tennessee, if you feel that you were coerced to leave your job following an inpatient hospitalization, there may be grounds to consider a discrimination lawsuit. Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to employees with... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: I was wrongfully terminated by Amazon My child overdosed and I provided documents of her being admitted to the hospital.
T. Augustus Claus
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answered on Dec 4, 2023

In Tennessee, employers are generally not allowed to terminate employees for taking leave to care for a sick family member. The Tennessee Family and Medical Leave Act (FMLA) allows employees to take up to 12 weeks of unpaid leave per year to care for a sick family member, including a child.... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Can I be disciplined for missing work with a doctors note
T. Augustus Claus
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answered on Aug 23, 2023

In Tennessee, as in many states, employers generally have the right to discipline employees for missing work, even if they provide a doctor's note. However, the specifics of your situation, the nature of your employment, and your employer's policies will play a significant role in... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Can Wholefoods contact a former employee to inquire about a current one
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answered on Jul 31, 2023

If Whole Foods is contacting a former employee to inquire about a current employee, it could be for reasons such as verifying employment history, seeking a reference, or conducting an investigation. Employers may contact former employees as part of their standard employment practices or to gather... View More

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Is it legal for an employer to fire you basied on your autoimmune disease without any bases for it effecting your work?

Coworker was told that their autoimmune disease was making them apparently seem unhappy and to seek help. That they could no longer work for the company due to it

John Michael Frick
John Michael Frick
answered on Apr 27, 2023

This is a tough question.

Under the ADA, a disability is a physical or mental impairment that substantially limits one or more major life activity. An autoimmune disease can be, but is not necessarily, a disability. If it does not effect your work, it seems likely that it does not...
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1 Answer | Asked in Employment Discrimination for Tennessee on
Q: I missed 2 days of work with a dr statement and got fired for a job I just started.is that legal

I called in and they told me to have a dr note when I came back.i did

Anthony M. Avery
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answered on May 10, 2024

Yes TN is an employment at will State.

1 Answer | Asked in Employment Law, Libel & Slander, Civil Rights and Employment Discrimination for Tennessee on
Q: In 2020, I was wrongfully arrested for an attempted second degree murder, and i haven't been able to get a job since.

I wasn't connected to the attack but the victim was my best friend. They had put out a warrant for my arrest and put me on the news as armed and dangerous when their evidence wasn't solid at all. All charges we dropped but only after I bonded myself out and provided video evidence proving... View More

Anthony M. Avery
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answered on Oct 17, 2023

The SOL for such civil rights/GTLA actions has been extended a little in TN. You did not state the date the prosecution was dismissed. If you want to pursue this, you will need to get in gear fast, and the SOL may have already run. If indicted, most Courts find probable cause for the arrest.

1 Answer | Asked in Employment Discrimination for Tennessee on
Q: Can I be fired for what my spouse says about or tags the company in on social media?

My spouse is a previous employee at my current place of employment. There have been many coworkers who have informed me that my director is looking to terminate my employment because of social media posts my spouse is tagging the company in. I work in Kentucky. Is this legal?

Anthony M. Avery
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answered on Sep 6, 2023

Contact someone in KY. TN is a terminal at will State.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Employer gave me a promotion and pay raise, but refuses to pay me the rate they promised.

I was recently promoted to assistant manager. I got what was supposed to be my first check with the pay raise. It was at the same rate I was making as a basic employee. Upon asking why the pay rate hadn’t changed, I was told that I “didn’t deserve” the pay they had promised me.

Anthony M. Avery
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answered on Jun 27, 2023

TN is an employment at will State. Apparently you do not have an employment contract. It does not appear you have a recourse except to work elsewhere.

1 Answer | Asked in Employment Discrimination and Employment Law for Tennessee on
Q: Are there any consequences for an employer not giving a separation notice within 24hr? And lying on it?

I was told I still had my job and out of nowhere I received a (backdated by 6 days) separation email

Rhiannon Herbert
Rhiannon Herbert
answered on Apr 25, 2023

Generally no. In at-will employment states, either you or your employer may terminate the relationship at any time and for any reason, and no written notice of termination is required. The one exception to this rule is if you signed an employment contract with your company that sets forth special... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for Tennessee on
Q: Can I file a lawsuit for discrimination on behalf of a deceased relative?

I have notes written by the deceased with dates, documentation of instances and circumstances of unfairness and irregularities, unresolved complaints, etc.

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answered on Mar 8, 2023

The most important witness is the plaintiff as to both the cause of action and damages. It is doubtful you could prosecute the case. Alot of what you have is heresay, even with the declarant dead.

1 Answer | Asked in Employment Law, Business Law, Civil Litigation and Employment Discrimination for Tennessee on
Q: Will someone please answer this for me? I was fired today.

I was fired from a local company and the reason was they found out I was in recovery and said via text “we can’t have you come back with your history of drug abuse. We are afraid you’ll steal”. I have asked this question multiple time and can’t get a response. Do I have any legal action?

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answered on Dec 6, 2022

Unless there is a contract, all TN employment is terminable at will of the employer. No action exists.

1 Answer | Asked in Employment Law and Employment Discrimination for Tennessee on
Q: Employment law and stock option grant question

Hi there--I was laid off from my job at a tech company last week. I have stock grants that vest 20% each year for 5 years. The lay-off occurred 10 1/2 months into my 2nd year of vesting, so I'm leaving a lot of money behind. I'm 54 years old and other people performing much worse than... View More

Rhiannon Herbert
Rhiannon Herbert
answered on May 31, 2022

You should contact a Tennessee employment attorney to discuss a potential age discrimination claim under the Age Discrimination in Employment Act (ADEA). As for your contract containing the stock grants and the separation agreement you were given, you should also have these reviewed by a Tennessee... View More

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... View 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... View 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... View 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.... View 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'... View 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... View 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... View 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... View 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... View More

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