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Summary of differences between federal and state regulations
The general at-will employment doctrine is what employers generally refer to unless there are state laws that provide more detail. This is a situation in which there is a lack of laws or contracts that narrow the reasons for which employees may be terminated. Where such laws or contracts exist, they must be adhered to.
Tennessee law allows an employer to legally hire, fire, suspend or discipline any employee at any time for any reason – good or bad – or for no reason at all. Neither the employer nor the employee must provide a discharge notice.
State courts have recognized the concept of public policy exception to the at-will employment concept; that is, it is illegal for an employer to terminate an employee for refusing to break the law on behalf of the employer.
State courts have recognized the concept of an “implied contract” exception to the at-will employment concept; that is, courts have found contractual obligations in an employer’s expressed written assurances that employees would only be discharged for cause, such as written representations of guidelines and policies found in employee handbooks.
However, Tennessee state law says that an employer may not discriminate against any employee on the basis of the employee’s race, sex, age, religion, color, national origin, or disability.
Also, under the Tennessee “Whistle Blower’s Law”, the employer may not take any reprisal against an employee who advises the employer that the business is in violation of a law and the employee either discloses, threatens to disclose, or testifies about the violation of law, or the employee objects to or refuses to participate in an employment act in violation of law. This law may be found at Tennessee Revised Statutes Title 50-1-304
There are other exceptions to Tennessee’s “EMPLOYMENT-AT-WILL” doctrine. Tennessee employees may not be disciplined or discharged at-will for:
- Being called to military service Title 8-33-101 thru 8-33-109
- Voting in elections Title 2-1-106
- Exercising right of association Title 50-1-201 thru 50-1-204
- Wage garnishment Title 26-2-101 thru 26-2-410
- Filing workers’ compensation claim Title 50-6-101 thru 50-6-705
- Being called to jury duty Title 22-4-108 (Employer must also pay the employee wages during the jury service less what the court pays.)
Source: www.tn.gov/workforce/topic/employee-rights
Volunteer firefighters
Tennessee law also prohibits discharge of employees who serve as volunteer firefighters. According to state law, no employer shall terminate an employee who is a volunteer firefighter solely because such employee, when acting as a volunteer firefighter, is absent or late to the employee’s employment in order to respond to an emergency prior to the time the employee is to report to employee’s place of employment.
An employer may charge any time that an employee who is a volunteer firefighter loses from employment because of such employee’s response to an emergency against the employee’s regular pay.
An employer has the right to request an employee who loses time from the employee’s employment to respond to an emergency to provide the employer with a written statement from the supervisor or acting supervisor of the volunteer fire department stating that the employee responded to an emergency and list the time and date of the emergency.
Any employee who may be absent or late to the employee’s employment in order to respond to an emergency shall make a reasonable effort to notify such employee’s employer that the employee may be absent or late.
Any employee that is terminated in violation of the provisions of this section may bring a civil action against such employee’s employer. The employee may seek reinstatement to the employee’s former position, payment of back wages, reinstatement of fringe benefits, and where seniority rights are granted, the reinstatement of seniority rights. The employee has one (1) year from the date of a violation of this section to file an action.
State
Contact
Tennessee Department of Labor & Workforce Development
Regulations
Tennessee Code, Title 50, Chapter 1, Part 3, Section §50-1-304. Discharge for refusal to participate in or remain silent about illegal activities, or for legal use of agricultural product — Damages — Frivolous lawsuits.
http://www.lexisnexis.com/hottopics/tncode/
Tennessee Code, Title 50, Chapter 1, Part 3, §50-1-307. Volunteer firefighters — Rights against termination.
Federal
Contacts
None.
Regulations
None.