Can I Sue My Employer?

Understand Your Rights as a Current or Former Tennessee Based Employee

As a firm specializing in protecting the rights of Tennessee employees, we at Adam Rodrigues Law often hear variations of this question.

The reality is that the most common causes for legal action against an employer are based on violations of state or federal laws.

Tennessee is an ‘at-will employment’ state, meaning an employer can legally terminate an employee for almost any reason, or no reason at all, as long as it’s not illegal discrimination or retaliation. If you were fired for a protected reason, that’s not ‘at-will’—that’s wrongful termination under Tennessee or federal law.

Our firm handles these complex employment cases for Tennessee-based employees, regardless of where the employer itself is headquartered. If you are experiencing illegal mistreatment, harassment, wage theft, or if your termination violated the law, you may have grounds for a lawsuit.

Legal Reasons You Can Sue an Employer in Tennessee

Here are the primary legal reasons you can sue your employer in Tennessee, drawing on both federal and specific Tennessee protections.

1. Discrimination, and Harassment/Hostile Work Environment

• Discrimination claims arise when an employer commits an adverse employment action motivated by an employee’s legally protected status. Adverse employment actions include not only discharge (termination), but also demotion, suspension, or a reduction in pay.

• Harassment or hostile work environment claims occur when:

  • Enduring the offensive conduct becomes a condition of continued employment; or

  • The conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.

If you are currently employed and facing discrimination or harassment/hostile work environment as just described, you may have a claim.

Under the ADA, “reasonable accommodations” for a wheelchair user can include physical changes like installing ramps or widening doorways, workstation modifications such as adjustable desks and accessible filing systems, and even changes to job structure or schedule, such as flexible work hours.

Protected Classes Under Federal Law

Major federal statutes prohibit discrimination based on:

• Race, Color, Religion, Sex, or National Origin: Covered by Title VII of the Civil Rights Act of 1964.

  • Note: Discrimination based on sex includes pregnancy, sexual orientation, and transgender status as well.

• Age: Protected under the Age Discrimination in Employment Act (ADEA) if the employee is over 40 years old.

• Disability: Protected under the Americans with Disabilities Act (ADA).

  • The Equal Employment Opportunity Commission (EEOC) and Title I of the ADA, require employers to offer “reasonable accommodations”(in short, accommodations that do not place an undue burden on the employer) to their applicants or employees with disabilities. These are any change to the application or hiring process, to the job, to the way the job is done, or the work environment that allows a person with a disability who is qualified for the job to perform the essential functions of that job and enjoy equal employment opportunities.

• Genetic Information: Protected under the Genetic Information Nondiscrimination Act (GINA).

The Tennessee Advantage: Broader Employer Coverage

The Tennessee Human Rights Act (THRA) aims to safeguard individuals from discrimination based on age, race, creed, color, religion, sex, or national origin in connection with employment.

A crucial distinction in Tennessee law relates to the size of the employer:

• Federal Coverage: Title VII and the ADA generally cover employers with 15 or more employees. The ADEA covers employers with 20 or more employees.

• Tennessee Coverage: The THRA protects employees from discrimination based on protected characteristics against employers with between 8 and 14 employees.

If you work for a small employer (8 to 14 employees), the THRA may be the essential avenue for pursuing your discrimination or wrongful termination claim.

2. Retaliation and Whistleblower Claims

Retaliation is the most frequently alleged basis of discrimination. You are engaging in a protected activity when you assert your legal rights to be free from employment discrimination. You may have a claim if your employer punishes you (while employed or through termination) for:

• Filing a Charge or Complaint: Punishing an employee for filing or being a witness in an EEOC charge, complaint, investigation, or lawsuit.

• Opposing Discrimination: Communicating with a supervisor about employment discrimination or harassment, or refusing to follow orders that would result in discrimination.

• Requesting Accommodation: Requesting accommodation for a disability or a religious practice.

• Complaining about Wage Violations: Opposing wage violations, such as not being paid overtime.

Retaliation is not limited to termination. An employer may be liable for retaliation if they increase scrutiny, transfer an employee to a less desirable position, give a lower performance evaluation than warranted, or make the person's work more difficult because of their protected activity.

Tennessee Public Policy Protections

Tennessee courts protect employees from being discharged for invoking rights granted by public policy. This is known as "wrongful termination against public policy". Examples of protected activities recognized under Tennessee common law include:

• Submitting a worker’s compensation claim.

• Performing jury duty or obeying a lawful subpoena.

• Refusing to violate OSHA and other safety laws.

• Taking a meal break in accordance with state law.

Key Takeaway: Even subtle retaliation such as exclusion from meetings, sudden demotions, or unfair performance reviews can create legal exposure for your employer.

3. Wage and Hour Violations

If your employer is currently failing to pay you correctly, or if they failed to provide proper wages when your employment ended, you may initiate an unpaid wages lawsuit.

Federal Law: Fair Labor Standards Act (FLSA)

Employees can sue an employer or former employer for violations of the FLSA, typically covering unpaid minimum wage or unpaid overtime pay (for hours exceeding 40 per week).

• Damages: Under the FLSA, remedies include backpay (the compensation owed). If the violation was intentional or willful, the employee may receive liquidated damages (double damages). A prevailing plaintiff may also receive attorney's fees.

• Deadline: You generally have two years to bring a claim for unpaid wages under the FLSA, extending to three years if the violation is found to be willful.

Tennessee Law: The Tennessee Wage Regulation Act (TWRA)

Tennessee law on wages presents a critical distinction that affects how you file a claim:

• No Private Right of Action for the Act Itself: The TWRA does not provide a private right of action, meaning an employee cannot sue an employer directly for violating the TWRA alone. Instead, complaints for TWRA violations must be filed with the Tennessee Department of Labor and Workforce Development (DOL).

• Lawsuit for Unpaid Wages: However, employees can initiate an unpaid wages lawsuit under Tennessee labor laws to recover the amount they are owed.

• TN Damages (Triple Damages): If an employer knowingly violates wage laws in Tennessee, they may be liable for up to three times the amount of unpaid wages as liquidated damages.

• Deadline: The statute of limitations for filing a claim for unpaid wages under state law is one year from the date the wages were due.

4. Other Grounds for Suing Your Employer

Protected Leave Violations:

If you were disciplined, fired, or mistreated for requesting or taking time off under protected leave laws, you may have a claim. Adam Rodrigues Law handles cases involving:

1. Family and Medical Leave Act (FMLA) Violations: This federal law requires eligible employees to receive up to 12 weeks of unpaid leave for medical or family reasons. Retaliation for using this protected leave is illegal.

2. Military Service Rights (USERRA): Federal law (and recognized TN public policy) protects employees from mistreatment or termination related to their military service obligations.

Intentional Infliction of Emotional Distress (IIED)/Outrageous Conduct:

For cases involving extreme misconduct, a Tennessee employee may have a claim for Intentional Infliction of Emotional Distress (also known as outrageous conduct). This is a high standard. To prevail on an IIED claim in Tennessee, you must show:

1. The conduct was intentional or reckless.

2. The conduct was so outrageous that it is not tolerated by civilized society. (This is an "exacting standard" that must go beyond all bounds of decency).

3. The conduct resulted in serious mental injury.

Importantly, Tennessee courts have held that a claim for reckless infliction of emotional distress does not need to be based on conduct that was directed at a specific individual. A corporation may potentially be held liable for its failure to act in the face of outrageous conduct by persons under its immediate control, within the general scope of employment, and within the knowledge of its officials.

Can I Sue While Still Employed? A Critical Warning About Internal Complaints

Many employees seek counsel not just after being fired, but while they are actively experiencing illegal conduct, such as pervasive harassment, ongoing discrimination (like being given a lower-than-warranted performance evaluation or increased scrutiny), or persistent wage violations.

If you are currently facing illegal conduct, you may still have strong grounds for legal action, as unlawful behavior includes adverse employment actions like demotion, suspension, or reduction in pay, not just termination.

Attorney Insight:

Remember that Human Resources primarily represents the company’s interests, not yours. Their role is to minimize employer liability, not to advocate for employees.

While some issues, like wage disputes, may warrant first attempting resolution by communicating amicably with your Human Resources (HR) department or manager, it is essential to proceed carefully. Adam Rodrigues Law specifically warns clients that Human Resources is not your friend. Your employer pays HR to protect the company from you, not to protect you from the company.

There are times, however, when you need to submit an internal complaint, or your case may be weaker or defeated in court for not giving your employer a chance to rectify the situation (take a look at the Faragher/Ellerth defense). If you must submit an internal complaint, ensure it is respectful, specific, and in writing (such as a work email), avoiding explicit legal conclusions like "this is illegal discrimination.”

Before you are locked out of work email access, be sure to collect and maintain copies of all communications, performance evaluations, and relevant company policies for any future claim. Understand that HR personnel are not expected to risk their careers to advocate against the company on your behalf. Consulting with an experienced Tennessee employment attorney like Adam Rodrigues Law before taking action can help position you most effectively prepare for a potential lawsuit, should the unlawful activity continue.

Critical TN Employment Law Deadlines

Whether you are seeking recovery for mistreatment while employed or for wrongful termination, every claim is subject to strict deadlines.

For federal anti-discrimination claims (Title VII, ADA, ADEA), you generally must first file a Charge of Discrimination with the EEOC.

• Federal Claims (EEOC): You have 300 days from the date of the adverse action to file a charge with the EEOC.

• Wrongful Discharge (Tort) Claims: Claims filed under Tennessee state law for wrongful discharge (public policy violation) generally have a one-year statute of limitations.

• Wage & Hour (FLSA): Two years, or three years if the violation was willful.

Consult an employment attorney like Adam Rodrigues immediately if you suspect illegal conduct. Acting promptly is crucial to ensuring your claim is filed within the allowable statute of limitations. If your termination or mistreatment violated state or federal law, you may have a strong case for legal action.

Don’t an employer’s illegal mistreatment cost you.

If you’re based in Tennessee (regardless of where your company is based) and think you have a case against your current or past employer, please call Adam Rodrigues Law for a fighter in your corner. We’ll help answer your unique questions, triage deadlines, find the right legal theory, and build a plan right for you.

Call Adam Rodrigues Law 615-270-2074 now or book your private consultation today.

FAQs

• What makes a termination or workplace action illegal in Tennessee, given that Tennessee is an "at-will" employment state?

  ennessee is an “at-will” employment state, which means employers generally have the right to terminate employees for any lawful reason, or no reason at all. The reason given for firing you does not have to be fair or reasonable, but it absolutely cannot be unlawful.

  An action is illegal if it violates specific federal or state anti-discrimination laws or public policy. You cannot be fired (or otherwise mistreated) because of:

  • Discrimination: Your protected status, such as race, color, religion, sex, age (if over 40), national origin, or disability.

  • Retaliation: Punishing you for asserting a legal right. For example, you cannot be fired for reporting illegal conduct by the employer, refusing to engage in illegal activities, submitting a worker’s compensation claim, or performing jury duty.

  • Contract Violation: Termination in violation of an express or implied employment contract

• What are the common legal grounds to sue an employer (whether or not I was fired)?

  Legal claims can arise from illegal actions taken against you while you were still employed, not just from wrongful termination. Common grounds for a lawsuit include:

  • Discrimination and Harassment: When an employer commits an adverse employment action (like discharge, demotion, suspension, or pay reduction) based on a protected characteristic. Harassment becomes unlawful when enduring the offensive conduct becomes a condition of continued employment, or the conduct is severe or pervasive enough to create a hostile or abusive work environment.

  • Wage and Hour Violations: Suing for unpaid wages, salary, or benefits, including failure to pay overtime, minimum wage violations, illegal deductions, or misclassifying employees as independent contractors.

  • Retaliation: Being disciplined, transferred to a less desirable position, or otherwise punished because you participated in a protected activity, such as filing an EEO charge, communicating about discrimination, or requesting a disability accommodation.

  • Intentional Infliction of Emotional Distress (Outrageous Conduct): This is for cases of extreme misconduct. The employer's conduct must be intentional or reckless, so outrageous that it is not tolerated by civilized society, and must result in serious mental injury. Tennessee courts have held that a claim for reckless infliction of emotional distress need not be based upon conduct that was directed at a specific individual.

  • Protected Leave Violations: Violations of the Family and Medical Leave Act (FMLA) or military service rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA)

• Where do I start the process of filing a claim in Tennessee?

  The first essential step is to consult an experienced employment attorney. Call Adam Rodrigues Law 615-270-2074

  For most federal anti-discrimination claims (Title VII, ADEA, ADA), you must first file a Charge of Discrimination with the Equal Employment Opportunity Commission (EEOC). The Tennessee Human Rights Commission (THRC) and the EEOC have a work-sharing agreement, meaning filing with one agency automatically dual-files the charge with the other if federal laws apply. Filing this charge is a mandatory prerequisite before initiating a lawsuit under most major federal anti-discrimination statutes.

  If you are filing a wage claim under Tennessee law, you have the option to file a complaint with the Tennessee Department of Labor and Workforce Development’s Division of Labor Standards, or you may hire an attorney to file an unpaid wages lawsuit in civil court.

• What kind of compensation is available if I win?

  Compensation for a wrongful termination or employment claim varies widely based on the strength of your evidence and the economic damages suffered. General categories of damages include:

  • Economic Damages: This includes back pay (lost wages and benefits from termination until the case is decided) and front pay (future lost earnings).

  • Liquidated/Triple Damages (Wage Claims): If an employer is found to have knowingly violated Tennessee wage laws, they may be liable for up to three times the amount of unpaid wages. For willful FLSA violations, the employee may receive liquidated (double) damages.

  • Emotional Pain and Suffering Damages: Damages intended to compensate you for emotional distress (such as anxiety or depression) resulting from the employer's unlawful actions.

  • Punitive Damages: Available in cases involving intentional discrimination to punish the employer and deter future unlawful conduct.

  • Federal Damage Caps: Compensatory and punitive damages under federal law are subject to caps based on the size of the employer, ranging from $50,000 to $300,000 for employers with 15 or more employees. These limits do not apply to back pay, front pay, or interest on back pay.

  • Attorney's Fees and Costs: If you prevail in court, the employer may be required to pay your attorney's fees and court costs.

• What evidence should I gather to prepare for a lawsuit?

  Prior to filing a claim, gathering and preserving sufficient evidence is essential. You should:

  • Document Everything: Maintain copies of your employment contract, performance evaluations, emails, written communications, and relevant company policies.

  • Create a Timeline: Detail the events leading up to your termination or adverse action while the details are fresh in your memory.

  • Preserve Electronic Evidence: Do not delete any emails, text messages, phone log history, or social media messages related to your employment situation.

  • Gather Witness Information: Collect names and contact information for colleagues or supervisors who can corroborate discriminatory treatment, retaliation, or violations.

  • Recording Conversations: Tennessee law provides for one-party consent for recording conversations. However, you should not violate any company policy prohibiting such recordings, and you must avoid self-help discovery (taking documents you have no right to possess), which could hurt your claim.

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Last Updated: October 15, 2025; For continued reading, review our Employment Law page.