Tennessee Employment Law FAQs

No. Under federal law, most private-sector employees have the right to discuss their terms and conditions of employment, including wages and benefits, without fear of retaliation from their employer. However, government workers and some supervisors are not protected. For more information, see Discussing Wages at Work.

At-will employment is the legal presumption that employers and employees can end the employment relationship for any lawful reason or no reason at all. But an employer cannot fire an employee for an unlawful reason, e.g., discrimination, harassment, retaliation, etc. There are dozens of unlawful reasons for terminating an employee. You can review other examples of wrongful termination here.

The value of an employment lawsuit varies significantly based on many factors, but typical damages include backpay, front pay, compensatory, punitive, and attorney’s fees and costs. To learn about the factors that impact case value, click here.

Roughly 20% of employment law claims are settled without the need for any legal action. Some claims settle with a demand letter while others require the filing of a Charge of Discrimination with the EEOC and/or a lawsuit in court. For claims filed in court, less than 5% involve testifying in court at trial.

Employment lawsuits take about one year, on average, to settle or otherwise be resolved. However, some cases settle within weeks while others are litigated for several years. The type of claims, amount of damages being sought, strength of evidence, and whether an insurance policy applies can all impact how quickly a case settles.

Although not required, you should hire an experienced employment lawyer for the reasons discussed here. You do not want to be stuck with an expiring Right to Sue letter without a lawyer. Many lawyers take EEOC cases on a contingency fee basis. If you cannot find a lawyer to accept your case, this may be an indication that the claims are not viable (weak evidence, low damages, etc.).

No. The EEOC does not provide charging parties with lawyers, although it may have a directory of lawyers who accept referrals. In very rare cases, the EEOC will sue on behalf of an employee, but you should hire a lawyer to represent your personal legal interests as an “intervening” plaintiff.

The Tennessee Human Rights Act is enforced by the Tennessee Human Rights Commission and private lawyers who sue on behalf of wronged employees.

Under Tennessee’s final paycheck law, employees must be paid in full no later than the next regular pay day or 21 days after the employment ends, whichever occurs later. There is no exemption under the law.  Tenn. Code. Ann. § 50-2-103 (g)

Employees must be provided a 30 minute unpaid meal or rest period if scheduled to work 6 consecutive hours, except in workplace environments that by their nature of business provides for ample opportunity to rest or take an appropriate break. Failure to provide a 30 minute meal or rest period is a violation of state law. There are no state requirements for additional breaks. Tenn. Code Ann. § 50-2-103 (h)

No, unless the employer’s policy (or other agreement) expressly requires it.