Tennessee Wrongful Discharge Attorneys
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The effect of a job termination on an individual and their families can be devastating. Some examples of illegal reasons include, but are not limited to, firing the employee because the employee is pregnant, or because the employee took FMLA leave, or because the employee complained of sexual harassment, or because the employee complained of discrimination, or because the employee complained of unsafe working conditions, or because the employee had jury duty, or because the employee had military service, or because the employee was injured on the job and filed a workers’ compensation claim, or because the employee or employee’s close relative is disabled, or because the employee is older and the employer wants younger employees, or because the employee is African American, Hispanic, Muslim, or some other race, or because the employee is female, or because the employee has refused to violate the law, or because the employee has refused to go along with or has blown the whistle on the employer’s illegal activity. There are numerous, numerous, numerous other illegal reasons for a termination – too numerous to cover here.
In determining whether legal recourse is possible, the big question, of course, is whether there is evidence of a connection between the illegal reason and the employee’s termination. Being able to prove the reason for the termination as given by the employer is trumped up is a step in the right direction, but typically, there needs to be other proof such as direct evidence or circumstantial evidence that would establish that the real reason for the termination is the illegal reason. For example, circumstantial evidence in a pregnancy discrimination case would be the employee is fired for a trumped up reason the same day or shortly after she informed the employer she was pregnant, or that the employer started treating her differently (in a bad way) after she told the employer she was pregnant. In a military firing case, circumstantial evidence could be that the employee is fired the same day (or shortly after) he or she turns in orders to report for duty or is otherwise given a hard time because of having to go on military duty. In a race discrimination case, circumstantial evidence could include facts establishing that the employer treats African Americans different (worse or more harshly) than Caucasians, there exists an atmosphere of discrimination, supervisory employees make racial remarks, the employer engaged in a practice and pattern of discrimination, the employer ignored prior complaints of discrimination, the employer engaged in prior acts of discrimination, the employer has discriminated against other African Americans and/or the employer fires African Americans and replaces them with Caucasians. Similar types of circumstantial evidence may apply in an age discrimination case, a sex discrimination case, a reverse discrimination case, etc. In a worker’s compensation retaliation case, circumstantial evidence could include evidence that the employer refused to file the worker’s compensation claim, or fought the claim, or regarded the claim as fraudulent, or accused the employee of manufacturing a worker’s compensation claim in order to “milk the system”, fired other employees who filed claims, threatened the employee as a result of the claim, etc. Again, there are numerous, numerous, numerous ways to prove discrimination and/or wrongful termination—too numerous to list here.
IN NEED OF LEGAL REPRESENTATION from aN experienced Employment attorney located in knoxville tennessee?
The Knoxville wrongful discharge attorneys at The Burkhalter Law Firm will evaluate whether you have a valid case under the relevant laws and regulations. The case evaluation is free. If we agree to represent you in such a case, then you do not owe any attorneys fee if there no recovery.