Statute of Limitations for Wrongful Termination in Tennessee
Wrongful termination occurs when an employer fires an employee for unlawful reasons, such as discrimination, retaliation, or a breach of contract. If you believe your employer wrongfully terminated you in Tennessee, you only have a limited time to take legal action. You must meet a deadline called the statute of limitations or risk losing the opportunity to file a wrongful termination claim.
While Tennessee employers generally retain the right to fire employees at will, they can and should be held accountable when they overstep their boundaries. At the Employment and Commerce Law Group, we commit ourselves to standing up for Tennessee workers who have been unfairly treated. Call or contact us today to speak with an experienced employment lawyer for wrongful termination.
What Is a Statute of Limitations?
A statute of limitations is a law that establishes a time limit for taking legal action. In the case of wrongful termination, it sets the maximum amount of time an employee has to file a lawsuit against their former employer. Failing to act within the deadline laid out by the statute of limitations can result in losing your right to sue and recover compensation.
The purpose of a wrongful termination statute of limitations is to make sure cases go to court within a reasonable timeframe before memories surrounding the circumstances of the termination fade and evidence is lost. However, the limitations period also puts your claim on a very short deadline, which is why it’s vital to seek the assistance of an experienced employment attorney to initiate the legal process.
How Long Do I Have to File a Wrongful Termination Claim in Tennessee?
In Tennessee, the amount of time you have to file a wrongful termination claim depends on the circumstances of your firing and whether state or federal laws apply:
- State law – Tennessee gives employees one year to file a legal claim for personal injury (tort) claims involving wrongful discharge.
- Federal law – For wrongful termination claims filed under federal laws, such as Title VII of the Civil Rights Act or the Americans with Disabilities Act, you have 180 days to file your claim with the Equal Employment Opportunity Commission (EEOC) unless your case also involves a violation of Tennessee law as well. In that case, you may have up to 300 days to file your claim.
Why Should I Hire an Employment Lawyer to Handle My Case?
Hiring an employment lawyer to handle your wrongful termination case is essential due to the varying deadlines and inherent complexity of state and federal employment law. An employment attorney will assist you with identifying the applicable statutes of limitations and filing your claim within the appropriate deadlines.
Employment attorneys can also assist you by:
- Evaluating your case – Tennessee is an at-will employment state, meaning employers can terminate most workers for any legal reason at any time. For this reason, you need an attorney who can identify whether your termination was wrongful and collect evidence supporting that conclusion.
- Filing necessary paperwork – Missing deadlines or submitting incomplete or incorrectly filled-out forms can harm your case and jeopardize your right to seek compensation. Hiring a wrongful termination attorney can help you avoid harmful outcomes.
- Negotiating settlements – Most lawsuits conclude with a settlement before going to court. A wrongful termination attorney can negotiate for a fair settlement on your behalf, which may mean receiving compensation faster than if you go to trial.
- Representing you in court – If your employer or their insurance company refuses to offer a fair settlement, an attorney can represent you in either state or federal court and seek the maximum compensation.
What Happens if I Miss the Deadline?
Missing the deadline for filing your wrongful termination claim can mean losing the right to pursue legal action against your former employer. Courts are strict about the statute of limitations and will dismiss cases filed after the deadline, regardless of the claim’s validity.
Are There Any Exceptions to the Statute of Limitations?
There are a few exceptions to the statute of limitations for wrongful termination in Tennessee:
- Equitable tolling – If your employer engages in deceit or misconduct that results in you being unaware of your right to file a claim, the courts may extend the deadline.
- Continuous violations – If your employer continues to engage in ongoing discrimination after your termination, that could extend the deadline.
- Physical or mental incapacity – The courts may extend the deadline if you suffered an injury that prevents you from filing your claim, such as if your employer fired you after a workplace injury.
Are There Differences Between State and Federal Laws on Wrongful Termination?
The primary difference between state and federal laws on wrongful termination is that Tennessee’s laws provide additional worker protections. The Tennessee Department of Labor & Workforce Development lays out exceptions to the state’s at-will employment, including:
- Military service
- Voting in elections
- Exercising the right of association
- Filing workers’ compensation claims
- Jury duty
How Can I Tell if I Was Wrongfully Fired?
The best way to determine if your employer wrongfully fired you is to consult an experienced employment attorney. You should also consider whether any of the following apply to your case:
- Discrimination – Did your employer discharge you based on your race, gender, religion, age, or another protected characteristic?
- Retaliation – Did your employer fire you after you reported illegal activity, filed a workplace safety or discrimination complaint, or filed a workers’ compensation claim?
- Contract violation – Did your employer terminate you in violation of an employment contract?
- Public policy violation – Were you fired after you reported or refused to participate in an illegal activity, such as fraud?
Your Tennessee wrongful termination attorney will investigate the circumstances surrounding your discharge to determine whether your employer’s actions violated state or federal employment laws.
Contact a Tennessee Wrongful Termination Attorney
Time is of the essence if you believe your employer wrongfully fired you. Get an accomplished employment lawyer from the Employment and Commerce Law Group to investigate your case and determine your right to compensation. Our track record includes obtaining six- and seven-figure settlements for Nashville workers just like you. Contact us today for a free consultation.