Retaliation
Retaliation, in most Tennessee discrimination and whistleblower cases, is made illegal by various federal and Tennessee workplace laws. You may be entitled to reinstatement, promotion, or front pay (wages you would have made if employed) under Tennessee employment law.
Retaliation constitutes workplace discrimination. This form of discrimination is not based on race, sex, or other protected status but, rather, is based on a Tennessee employer punishing or "getting back at" an employee for doing the right thing. Most commonly, this "right thing" is speaking out about illegal workplace practices, including:
- Workplace discrimination (including sexual harassment, protected statuses, or taking Maternity leave)
- Corruption (including qui tam or False Claims defrauding the government)
Retaliation in Tennessee employment often violates various federal laws, the Tennessee Human Rights Act and/or Tennessee's whistleblower statute. Speaking out against illegal workplace practices is one form of
Protections against Workplace Retaliation
Fortunately for those who suffered retaliation for doing the difficult but right thing by speaking with an attorney, suing, or reporting illegal activities to a government agency, Tennessee courts often look favorably upon those with documented evidence of "adverse employment action." Often, it is easier to prove retaliation occurred in response to protected conduct than it is for proving the taking maternity leave or race or other discrimination was the cause for negative employment actions.
Protected conduct usually requires a relationship with the reported illegal activity, whether it was 1) a refusal or opposition to implement a policy that discriminates against a protected status (age, sex, religion, etc.), 2) taking action against illegal workplace policy such as filing with an attorney, Equal Employment Opportunity Commission (EEOC), or state agency or 3) refusing or reporting illegal activity, such as the misappropriation of moneys in tax-funded projects for qui tam whistleblowers. It is rare that Tennessee courts favor someone who was not a direct participant or affected by an illegal policy for which he or she took action resulting in retaliation.
It is also not retaliation if the company employer fires or otherwise takes action against you for criticizing it or one of its legal policies. It is perfectly legal under Tennessee employment law for your boss to be mean, use harsh words, and be unfair. It only becomes illegal in Tennessee for employee to be unfair because you took a legally protected action (such as qui tam whistle blowing or requesting family medical/maternity leave).
Termination is not Retaliation
Retaliation in Tennessee court can be difficult to prove. The crux of a retaliation case is proving cause and effect. That is, as the plaintiff, you and your attorney must show that your employer did not already intend to terminate you (or take other adverse action against you). Rather, your good employment record must have suddenly not been enough for promotions, bonuses, or continued employment. And the cause of that sudden change must be because you have taken legal action against, spoken up against, or refused to participate in an illegal activity.
While is commendable that a poorly performing employee does the right thing, if the employer had reason to terminate you before you took an action protected against retaliation, it will be unlikely that a Tennessee jury will find in your favor. Your performance prior to engaging in a protected conduct is vital to your retaliation case.
Materially Adverse Retaliatory Action
The Sixth Circuit Court, the federal court serving Tennessee, has established that the adverse employment action of a Tennessee retaliation claim must be "materially adverse." In other words, the Tennessee employee must not only have engaged in protected action but must also suffered an adverse action that affects pay received or should have been received.
In addition to these financial losses, documentation showing that your employer threatened to terminate you or otherwise made financial threats (including promotions or demotions) is important. Again, cause and effect needs to be demonstrated.
If you have been suspended without pay pending an EEOC investigation (whether you are a witness or the claimant), you have suffered a financial loss. If your boss stated in writing or in front of witness that this suspension was "for your own good" and "due to a blanket-blank discrimination lawsuit," then you have documentation of cause and effect and may be able recover moneys and position lost by the company's illegal actions against you.
Speak with a Nashville, TN Employment Lawyer
Retaliatory discharge (firing), transfers, demotions, and other forms of materially adverse actions are often infuriating and insulting. Our Tennessee workplace law attorneys understand and work to return the financial losses and the professional careers of those who have been punished for doing the right thing. If reporting underpayment of overtime wages, corporate fraud, or discrimination led to adverse negative action at your place of employment, give us a call at 800-705-2121 or fill out our Tennessee retaliation law form form to speak for free with an attorney. A short, free initial consultation can reveal you options.