How To Prove A Tennessee Retaliatory Discharge Claim

 

 

In Tennessee, a claim of Retaliatory Discharge is defined as:

Retaliatory discharge occurs when an employer discharges an employee in response to the employee engaging in protected activity.

It simply means:

An employer cannot punish an employee for engaging in legally protected activity.

There are 4 elements of the claim:

• Element 1. The plaintiff was an employee of the defendant. The plaintiff was someone who worked for the defendant, meaning they were an employee of the company or person being accused of unfairly firing them in response to a complaint or legal action.
  

  Facts that might support this element look like:

  * The plaintiff received a regular paycheck from the defendant for their work performed over a period of two years.
  * The plaintiff was required to adhere to the defendant’s work schedule and attendance policies.
  * The defendant provided the plaintiff with employee benefits, including health insurance and paid time off.
  * The plaintiff was assigned specific job duties and responsibilities by the defendant’s management team.
  * The plaintiff participated in the defendant’s employee training programs and performance evaluations.

• Element 2. The plaintiff refused to participate in or remain silent about illegal activity The plaintiff did not take part in or stay quiet about illegal actions at work, which is an important factor in proving a claim of being unfairly fired for speaking out against wrongdoing.
  

  Facts that might support this element look like:

  * The plaintiff reported suspected financial misconduct to the company’s compliance officer, detailing specific instances of fraudulent activity.
  * The plaintiff declined to participate in a scheme to falsify financial records, expressing concerns about its legality to their supervisor.
  * The plaintiff documented their objections to unsafe working conditions and communicated these concerns to management multiple times.
  * The plaintiff refused to sign off on misleading reports, citing ethical concerns and potential legal repercussions.
  * The plaintiff participated in an internal investigation regarding harassment claims, providing truthful testimony despite pressure to remain silent.

• Element 3. The defendant terminated the plaintiff’s employment. In a retaliatory discharge claim, this element means that the employer fired the employee, which is a key part of the case, as it shows that the employee lost their job due to actions that may have been unfair or in response to a complaint.
  

  Facts that might support this element look like:

  * The plaintiff reported safety violations to management, which were subsequently ignored.
  * Shortly after the plaintiff filed a complaint with human resources, their supervisor issued a negative performance review.
  * The defendant replaced the plaintiff with a less qualified employee immediately after the complaint was filed.
  * The plaintiff received no prior warnings or disciplinary actions before their termination.
  * The defendant’s stated reason for termination was inconsistent with the plaintiff’s documented performance records.

• Element 4. The reason for the discharge was that the employee attempted to exercise a statutory or constitutional right, or for any other reason which violates a clear public policy. An employee can be fired if they try to use a legal right or stand up for a public interest, and this firing is considered unfair or retaliatory if it goes against established laws or principles meant to protect workers.
  

  Facts that might support this element look like:

  * The employee reported unsafe working conditions to management, which is protected under occupational safety laws.
  * The employee took medical leave under the Family and Medical Leave Act, and was subsequently terminated shortly after returning.
  * The employee filed a complaint with the Equal Employment Opportunity Commission regarding workplace discrimination prior to their discharge.
  * The employee participated in a union organizing effort, which is protected under labor laws, and was fired shortly thereafter.
  * The employee refused to engage in illegal activities as instructed by their supervisor, leading to their termination.

^{(See Webb v. Nashville Area Habitat for Humanity, 346 SW 3d 422 – Tenn: Supreme Court 2011. Kinsler v. Berkline, LLC, 320 SW 3d 796, 800 (Tenn.2010). Crews v. Buckman Labs. Int’l, 78 SW 3d 852, 862 (Tenn. 2002)). Tenn. Code Ann. § 50-1-304.)}
If you’re in court without a lawyer and plan to assert a Claim of Retaliatory Discharge, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your legal journey.

Prove Your TN Retaliatory Discharge Claim

U.S. Civil Cases Only