Nashville Wrongful Termination Lawyer

Wrongful Termination Attorney in Nashville, TN

Nashville typically provides ample employment opportunities. However, some residents might have their employee rights challenged. While employees work across a variety of employment sectors, the rights against wrongful terminations are maintained across many different job descriptions and fields of employment. Consult a Nashville wrongful termination lawyer at Yezbak Law Offices to have your case reviewed at no cost.

Wrongful Terminations

Even if your employment is “at-will,” you still have the right to be free from a wrongful termination that violates public policy. This includes termination based on race, gender, disability, sexual orientation, pregnancy, age, and other protected categories, as well as retaliatory terminations made after the employee files a complaint or exercises their right to FMLA leave time, Worker’s Compensation, or Reasonable Accommodations under the Americans With Disabilities Act (ADA).

Nashville is a dynamic economic hub, with workers enjoying economic opportunities across different industries. Nashville boasts a high employment rate with recent reliable data showing only 3 out of every 100 residents being unemployed, even as the rest of the country continues to recover from a national economic recession.

What is Wrongful Termination?

In basic terms, “wrongful termination” is the illegal firing of an employee. Although it’s mostly up to the employer when to hire and fire workers, there are certain circumstances when the termination will be “wrongful” in the eyes of the law. Examples include if the employer violates the terms of an employment agreement or breaks the law. Federal and state workplace discrimination laws often come into play when dealing with wrongful termination cases.

If an employer violates federal law and wrongfully terminates an employee, an employee can consider filing a claim with the Equal Employment Opportunity Commission (EEOC) if the wrongful termination was due to discrimination or consulting with a wrongful termination attorney experienced in pursuing claims under the federal and state civil rights laws protecting workers in Tennessee.

What Wrongful Termination?

Wrongful termination occurs when an employer must violates state or federal law when they fire employees. Because Tennessee employees work at will, in most cases employers can terminate workers at any time and for any legal reason. The law, however, places some restrictions on when employees can lose their job.

Contract claims: Employment contracts can contain a guarantee of employment for a certain period. They can also include a statement that mentions that the employer will only fire someone for cause. If your employer breaches the terms of the contract in firing you, then you likely have a strong claim for wrongful termination. A contract can include oral and written agreements, such as an oral promise or an employee handbook.

Discrimination claims: Together, federal and Tennessee law prohibit employers from basing job decisions on characteristics such as race, color, national origin, religion, sex, pregnancy, age, disability, genetic information, sexual orientation, gender identity, citizenship status, marital status, AIDS/HIV status, medical condition, political beliefs, political activities, military or veteran status, or for being a victim of stalking, assault, or domestic violence. You may also be able to lrecover damages like lost wages and benefits due to your termination.

Retaliation claims: All workers can exercise and enforce their employment rights. If you take time off to serve on a jury, file a complaint alleging illegal discrimination or harassment, request or take family or medical leave, file a workers’ compensation claim, file a whistleblower claim, or complain about illegal wage and hour practices, then your employer cannot fire you because of those protected activities.

Violation of Public Policy: Public policy claims have similar grounds as retaliation claims, mandating that employees cannot lose their jobs for exercising a legal right, complaining about workplace illegality, or refusing to commit an illegal act. You do not necessarily need to base your public policy claim on a specific legal provision to have a valid case. For example, employees that lost their jobs because they refused to participate in fraud by their company have grounds to sue for wrongful termination, even though no law or statute specifically forbids firing an employee for such an action.

Depending on the type of wrongful termination claim you have, your case may also involve other claims. If you think you may have a Wrongful Termination claim against your former employer, consider consulting an experienced attorney to review the facts.

Call Yezbak Law Offices to Discuss Your Termination

If you’ve been terminated in violation of state and federal law, contact Yezbak Law Offices.

To confidentially discuss a wrongful termination matter, contact us to schedule an initial consultation.

Frequently Asked Questions (FAQs) Nashville, TN Wrongful Termination Laws

What if a Nashville Employer Wrongfully Terminates an Employee?

Under state and federal law, Nashville employers can face significant consequences for wrongfully terminating employees.

As an example, an employee filed a claim under federal law alleging he was wrongfully terminated due to his age and the assumption he likely had a physical impairment. Also, the EEOC sought back pay, damages, and punitive damages plus injunctive relief to prevent future discrimination for two employees who were wrongfully terminated and discriminated against due to medical conditions.

Is It Worth Filing a Claim in Nashville for Wrongful Termination?

The specific facts of your case will determine whether, it’s worth bringing a claim for wrongful termination in Nashville. State and Federal rules protect workers from wrongful terminations based on unlawful discrimination practices, but certain things can mitigate or lessen the employer’s liability, and there are some requirements for employees to mitigate their own losses. The legal process can be somewhat intrusive, and you may be required to share emails, text messages, photos, medical records and information that you might prefer to keep private. The details matter when assessing how a case might play out, so it’s best to have an experienced attorney review the facts to determine the potential for recovery as well as any potential points of discomfort along the way.

How Much Does a Wrongful Termination Lawyer Cost in Nashville?

In Nashville, many things determine how much a wrongful termination lawyer costs, and each attorney sets their own fees and costs. Some work for a contingency fee, which you don’t pay unless they win your case. Most attorney fees are based on experience, the case complexity, and whether a trial is necessary. If you’ve been wrongfully terminated, consult an attorney about anticipated costs.

Can My Employer Terminate Me for Not Speaking Fluent English?

Currently, according to the EEOC, an employer can require employees to speak fluent English if speaking English is necessary to perform their job satisfactorily.

However, if an employee is doing their job efficiently and they’re terminated because they don’t speak ‘perfect English,’ that may be a case of wrongful termination and unlawful national origin discrimination.

I was terminated with no warning, no disciplinary action or Performance Improvement Plan (PIP). All of my evaluations have been great, and I received my performance bonus every quarter. Can I sue for wrongful termination?

More facts would be needed to determine whether the termination was illegal. Generally, there is not a law requiring employers to follow any particular procedure, so they can tell you they love your work and fire you all in the same day. The question is whether the reason given for the termination is the real reason or a “pretext,” which is more of an excuse to fire you. If the reason given is pretext to cover unlawful discrimination or retaliation, or if you are being held to a different standard for actions that do not lead to termination for other employees, then you may have the basis for a legal claim. It is important to have the detailed facts of your situation reviewed by an experienced employment attorney.