What Is the Tennessee State Statute of Limitations on a Wrongful Termination Claim?
In Tennessee, you can sue your employer if you are fired in violation of public policy, generally referred to as a wrongful termination lawsuit. As with all lawsuits filed in civil court, Tennessee law sets a deadline by which you can file a wrongful termination lawsuit. The legal deadline is called the statute of limitations. In most cases, the statute of limitations for your wrongful termination lawsuit is one year from the date you are fired; however, some exceptions do apply.
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Tennessee Statute of Limitations
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Tennessee law has a variety of statutes of limitations depending upon the type of claim asserted in the lawsuit. If your lawsuit is filed after the statute of limitations already expired, the court can dismiss your lawsuit and you will be barred from ever pursuing your claim in court. Tennessee law classifies most wrongful termination cases as a personal injury and requires such actions to be filed within one year.
Discovery Rule
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An important factor regarding the statute of limitations is determining when the limitation period begins so as to be able to calculate the deadline for filing a lawsuit. Tennessee case law states that a wrongful termination case based on a violation of public policy is subject to the discovery rule for purposes of determining when the statute of limitations begins to run. This means that the employee discovers he has a claim against his employer when the employer takes unequivocal adverse action against the employee which, in most cases, occurs on the date of termination. The employee has one year from that date to file a lawsuit for wrongful termination.
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Termination Due to Discrimination
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Special rules apply to wrongful termination cases that are based on discrimination due to race, creed, color, religion, sex, age, national origin or handicap. These types of claims are initially investigated through an independent state agency called the Tennessee Human Rights Commission. A complaint form must be filed with the commission within 180 days of the alleged discriminatory act, which in wrongful termination cases would be the day you are fired. If the commission finds that a violation of federal law has occurred, the federal Equal Employment Opportunity Commission (EEOC) will be notified. Typically, the EEOC mails a written notice to you indicating you have a right to sue your employer in federal court. You have 90 days from receiving the notice to file your lawsuit in the appropriate federal court.
Occupational Safety and Health Cases
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Tennessee law prohibits discriminatory or retaliatory action against an employee who reports a violation of occupational safety and health laws or exercises any right under these laws. If you believe that your rights have been violated under these laws, including being terminated from your employment, you have 30 days from the date of your termination to file a complaint with the Tennessee Commissioner of Labor and Workforce Development. Although the filing deadline is short, the manner of filing a complaint is as simple as calling the commissioner's office and providing your name and address and your employer's name and address.
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