Wrongful Termination in Tennessee (2026): Laws, Deadlines, How to File

Tennessee is an at-will state, so an employer can usually fire someone for any reason or no reason. A firing is wrongful only when it breaks a specific law, a binding contract term, or a clear public policy. The main state statute is the Tennessee Human Rights Act (THRA), which makes it a discriminatory practice for an employer with 8 or more employees in Tennessee to "discharge a person" because of race, creed, color, religion, sex, age or national origin (Tenn. Code Ann. 4-21-401(a)(1)).

Since July 1, 2025, discrimination complaints go to the Attorney General's Civil Rights Enforcement Division (CRED), not the Tennessee Human Rights Commission, which no longer exists. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Tennessee law on firing employees: the at-will rule and its exceptions as Tennessee courts apply them, the Tennessee Human Rights Act and Tennessee Disability Act as rewritten by Public Chapter 471 of 2025, the common-law retaliatory discharge claim, and narrower Tennessee protections, with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see Tennessee severance pay laws.

Is Tennessee an at-will state?

Yes. In Whittaker v. Care-More, Inc., 621 S.W.2d 395 (Tenn. Ct. App. 1981), the Court of Appeals treated the employment as at will and declined to read a handbook as a promise of continued employment. The Tennessee Supreme Court recognizes a public-policy exception but warned in Chism v. Mid-South Milling Co., 762 S.W.2d 552 (Tenn. 1988), that it "cannot be permitted to consume or eliminate the general rule." For how the doctrine works day to day, see Tennessee at-will employment laws.

Discrimination under the Tennessee Human Rights Act

Public Chapter 471 of 2025 rewrote the THRA. Its operative firing ban, Tenn. Code Ann. 4-21-401(a)(1), makes it a discriminatory practice for an employer to:

"Fail or refuse to hire or discharge a person or otherwise to discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment because of such individual's race, creed, color, religion, sex, age, or national origin"

Who is covered. As rewritten in 2025, "'Employer' means a person employing eight (8) or more individuals within this state, or a person acting as an agent of an employer" (Tenn. Code Ann. 4-21-102(8)). An employer with fewer than 8 employees in Tennessee is outside the THRA.

Disability. The Tennessee Disability Act (TDA), Tenn. Code Ann. 8-50-103, covers discrimination "based solely upon a physical, mental, or visual disability" (8-50-103(b)). It uses the same threshold, a person employing eight or more persons within the state (8-50-103(d)), and a TDA violation "is a violation of title 4, chapter 21" (8-50-103(e)).

Age and sex. The THRA's age protection in employment covers individuals "at least forty (40) years of age" (Tenn. Code Ann. 4-21-407(b)). The 2025 rewrite defines "sex" by cross-reference to Tenn. Code Ann. 1-3-105 (4-21-102(24)); our research did not review that section.

Sexual orientation and gender identity. The THRA's list in 4-21-401 does not include them. Federal law fills part of that gap: in Bostock v. Clayton County, 590 U.S. 644 (2020), the U.S. Supreme Court held that "An employer who fires an individual merely for being gay or transgender violates Title VII." Title VII covers employers with 15 or more employees (42 U.S.C. 2000e(b)), and the EEOC charge deadline in Tennessee is 300 days (see below).

Retaliation. Tenn. Code Ann. 4-21-301 makes retaliation a discriminatory practice under the THRA; CRED lists it among the laws it enforces.

Maternity leave. An employee who has worked for the employer 12 consecutive months as a full-time employee "may be absent from such employment for a period not to exceed four (4) months for adoption, pregnancy, childbirth, and nursing an infant" (Tenn. Code Ann. 4-21-408). The section is part of the THRA, so its complaint and lawsuit deadlines apply. The section applies only to an employer with 100 or more full-time employees on a permanent basis at the job site or location (4-21-408(d)(2)). An employee who gives at least three months' advance notice of the leave and the intention to return must be restored to the same or a similar position; a medical emergency, or an adoption notice received less than three months ahead, does not by itself forfeit that right (4-21-408(b)).

Volunteer rescue squad workers. An employer may not terminate a volunteer rescue squad worker who is absent or late because of responding to an emergency (Tenn. Code Ann. 4-21-401(d)). A worker may seek reinstatement, back wages, benefits and seniority, and must act within one year from the date the violation ceases (4-21-401(d)(5)).

The Civil Rights Enforcement Division replaced the Human Rights Commission

Public Chapter 471 of 2025 (HB 910 / SB 861, signed May 12, 2025) ended the Tennessee Human Rights Commission at the end of the fiscal year on June 30, 2025, and created the Civil Rights Enforcement Division inside the Office of the Attorney General on July 1, 2025. CRED's own page explains: "In 2025, Tennessee lawmakers transferred responsibility for enforcing the state's anti-discrimination laws from the now-dissolved Tennessee Human Rights Commission to the newly created Civil Rights Enforcement Division (CRED) within the Office of the Tennessee Attorney General." Older guides that send readers to the Commission or its 800 number are out of date.

Filing a complaint. CRED takes complaints through its online complaint portal. For a paper form or a Spanish form, contact CRED@ag.tn.gov or (615) 741-5825.

The 180-day deadline. "All complaints made to the division must be filed within one hundred eighty (180) days after the commission of the alleged discriminatory practice" (Tenn. Code Ann. 4-21-204(e)). CRED's FAQ describes the clock as running from "the last discriminatory act."

Complaints pending at the old Commission. Complaints still pending at the Commission on June 30, 2025 were terminated. Where the Commission had not held a hearing (or a heard case was dismissed without prejudice because no final order issued), the 2025 act allowed 90 days from July 1, 2025 to refile with the Attorney General or sue; that window has closed.

Suing under the Human Rights Act and Disability Act

No agency filing required. CRED's FAQ says "you are not required to file a complaint with CRED before filing a private lawsuit alleging violations of the Tennessee Human Rights Act or Tennessee Disability Act." The state scheme has no right-to-sue letter; Tenn. Code Ann. 4-21-311 gives the right to sue directly.

The one-year deadline. A civil action "must be filed in chancery court or circuit court within one (1) year after the alleged discriminatory practice ceases" (Tenn. Code Ann. 4-21-311(d)). Filing with CRED does not stop that clock: "Filing a complaint with CRED does not toll the THRA's one-year statute of limitations" (CRED FAQ). In Weber v. Moses, 938 S.W.2d 387 (Tenn. 1996), the Tennessee Supreme Court held that the one-year period for an employee's THRA and retaliatory discharge claims ran from when the employee received notice of the termination decision, not from the last day of work. If you are also pursuing a federal case on the same facts, the state suit can be dismissed under Tenn. Code Ann. 4-21-313 (see the TPPA section below).

What a court can award. The court may issue an injunction or other order and "may award plaintiff actual damages sustained by the plaintiff, and the legal costs incurred by the plaintiff that include a reasonable fee for the plaintiff's attorneys of record" (Tenn. Code Ann. 4-21-311(b)). Section 4-21-311(c) mentions punitive damages only for discriminatory housing practices, so the employment provisions do not authorize them.

The damages cap. Tenn. Code Ann. 4-21-312 (numbered 4-21-313 before 2025) limits "the sum of the amount of compensatory damages awarded for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses." It applies to claims under 4-21-401, the Disability Act (8-50-103) and the Tennessee Public Protection Act (50-1-304):

The section lists only those categories of loss; it does not mention back pay. Whether back pay falls outside the cap is a question our research did not find a court deciding.

Federal discrimination charges in Tennessee

The EEOC's Memphis District Office and Nashville Area Office both say an individual has "300 days from the date of alleged harm to file a charge" against an employer with 15 or more employees for race, color, national origin, sex, religion or disability discrimination in Tennessee, and 300 days for age discrimination against an employer with 20 or more employees. Both pages say charges against smaller employers "must be filed with the appropriate state agency within the time limits prescribed by state law," which in Tennessee is CRED's 180 days (4-21-204(e)). CRED reaches only employers with 8 or more employees.

The EEOC says a charge filed with the EEOC or a state agency it works with is automatically filed with the other. The EEOC's Nashville and Memphis offices list CRED as the state agency they work with for Tennessee, and the 2025 law lets the Attorney General cooperate with the EEOC (4-21-204(d)), but neither agency's pages say whether a charge filed with one is automatically filed with the other, so if you want both agencies to have your complaint, ask each one. After an EEOC Notice of Right to Sue, a federal lawsuit must be filed within 90 days (42 U.S.C. 2000e-5(f)(1)). Federal Title VII and ADA damages caps run from $50,000 to $300,000 by employer size (42 U.S.C. 1981a(b)(3)); the wrongful termination guide has the federal details.

Retaliatory discharge and the public-policy exception

Tennessee recognizes a common-law claim for retaliatory discharge. In Clanton v. Cain-Sloan Co., 677 S.W.2d 441 (Tenn. 1984), the Tennessee Supreme Court held that a claim for firing an employee who filed a workers' compensation claim, "although not explicitly created by the statute, is necessary to enforce the duty of the employer, to secure the rights of the employee and to carry out the intention of the legislature." The court also allowed punitive damages in future cases. For benefits, see Tennessee workers' compensation laws.

The exception is narrow. In Chism, the court said "the employer must violate a clear public policy. Usually this policy will be evidenced by an unambiguous constitutional, statutory or regulatory provision. Further, the violation must be a substantial factor in the termination." In Reynolds v. Ozark Motor Lines, Inc., 887 S.W.2d 822 (Tenn. 1994), the safety provisions of the Tennessee Motor Carriers Act supplied the public policy, and the court stated the elements as an at-will relationship, a clear declaration of public policy, and a discharge for refusing to violate it. Tenn. Code Ann. 50-1-801 sets the burden-shifting framework for "any civil cause of action alleging wrongful discharge in violation of Tennessee public policy."

Deadline. One year. Weber v. Moses applied a one-year period to a retaliatory discharge claim, measured from notice of the decision.

The Tennessee Public Protection Act

Tennessee's whistleblower statute, the Tennessee Public Protection Act (TPPA), Tenn. Code Ann. 50-1-304, covers firings connected to illegal activities. Since 2014 it displaces the common law for overlapping claims: "This section abrogates and supersedes the common law with respect to any claim that could have been brought under this section" (50-1-304(g)). In Haynes v. Formac Stables, Inc., 463 S.W.3d 34 (Tenn. 2015), the court noted that this applies to actions accruing on or after July 1, 2014. TPPA damages are subject to the 4-21-312 cap above.

Tenn. Code Ann. 4-21-313 (numbered 4-21-314 before 2025) addresses concurrent actions in state and federal court: it bars maintaining a state-court claim under the THRA (4-21-401), the Disability Act (8-50-103) or the TPPA (50-1-304) while prosecuting a federal action based on a common nucleus of operative facts, and the state court dismisses the state claim on the employer's motion. Ask a lawyer before filing in two courts. Our Tennessee whistleblower laws page covers the TPPA in more depth.

Other Tennessee firing protections

• Jury duty: Tenn. Code Ann. 22-4-106(d)(1) says "No employer shall discharge or in any manner discriminate against an employee for serving on jury duty if the employee, prior to taking time off, gives the required notice pursuant to subsection (a)." That notice means showing the summons to your immediate superior on the next day you are at work (22-4-106(a)(1)). An employee "discharged, demoted or suspended" for taking time off for jury duty "is entitled to reinstatement and reimbursement for lost wages and work benefits," and willful refusal to rehire is a misdemeanor (22-4-106(d)(2)). In Hodges v. S.C. Toof & Co., 833 S.W.2d 896 (Tenn. 1992), decided under the earlier numbering (22-4-108), the court held that the statutory remedy is not exclusive and reinstated an award of compensatory damages. Our research did not find a filing deadline in the statute. Federal jurors are also protected by 28 U.S.C. 1875.
• Volunteer rescue squad and maternity leave: covered above under the THRA (4-21-401(d), 4-21-408).
• Military service: federal USERRA bars denying "retention in employment" because of military service (38 U.S.C. 4311(a)).
• Workplace safety: Tennessee runs its own occupational safety program (TOSHA). TOSHA says employers may not discharge or discriminate against an employee "who has exercised any right under the TOSHA Act, including the right to make safety or health complaints," and that "TOSHA normally can only accept complaints filed within thirty (30) days of the alleged discriminatory action" (call 800-249-8510; Tenn. Code Ann. 50-3-409). A federal OSHA retaliation complaint must also be filed within 30 days of the adverse action (29 U.S.C. 660(c)(2)).
• Firearms and voting: Tennessee also has statutes on firearms stored in employer parking areas (Tenn. Code Ann. 50-1-312) and time off to vote (2-1-106). Our research could read those sections only in a 2021 compilation of the code and could not confirm their current text or deadlines, so this page does not state them; check with a lawyer or the Tennessee Department of Labor and Workforce Development.

Constructive discharge

Tennessee courts consider constructive discharge. In Campbell v. Florida Steel Corp., 919 S.W.2d 26 (Tenn. 1996), a harassment case under Title VII and the Tennessee act, the Tennessee Supreme Court held that a trial court's finding on constructive discharge is reviewed with a presumption of correctness under Tenn. R. App. P. 13(d), and found no constructive discharge because the employer responded promptly to the complaint. Our research did not extract the exact test the court used, so this page does not quote one.

Contracts, handbooks and bad faith

A handbook can sometimes become part of the employment contract. In Hamby v. Genesco, Inc., 627 S.W.2d 373 (Tenn. Ct. App. 1981), the Court of Appeals affirmed a ruling that the employee handbook was part of the contract, in a dispute about pay and seniority policies. In Whittaker, by contrast, a handbook line that an employee "may reasonably expect uninterrupted employment" did not create a specific term: "There are no guarantees or binding commitments contained therein." Both are Court of Appeals decisions; our research did not locate a Tennessee Supreme Court handbook decision.

Tennessee has not adopted a good-faith limit on at-will firing. In Whittaker, the court declined to treat a bad-faith termination as a breach of contract: "Few courts have accepted this concept. It is not the province of this court to change the law as plaintiffs assert." Our research did not confirm the current limitations period for contract claims, so ask a lawyer about that deadline.

A written reason or your personnel file

Our research did not locate a Tennessee statute requiring a private employer to give a written reason for a firing or to let a private employee see a personnel file. A 2026 law, Public Chapter 849 (SB 2032, signed April 27, 2026), requires public-safety employers to give employees and applicants reasonable access to their full employment record, including mental health evaluation results.

Wrongful termination deadlines in Tennessee

Where to file in Tennessee

• State discrimination claims: the Civil Rights Enforcement Division of the Tennessee Attorney General's office, within 180 days, or directly in chancery or circuit court within one year.
• Federal discrimination claims: the EEOC, through its Public Portal, or at 1-800-669-4000 when a deadline is near.
• Retaliatory discharge, TPPA and contract claims: directly in court.

Practical steps after a firing in Tennessee

Write down the date you learned of the firing decision, who told you, the reason given, and any complaint, claim, report or jury summons involved. Keep the termination notice, reviews and the handbook. Watch the shortest clock first: most Tennessee claims carry a one-year deadline, CRED's is 180 days, and the clock can start when you are told of the decision, not on your last day.

If the employer offers money in exchange for a release, read it before signing, because a release can give up the claims described here. Our Tennessee severance pay laws page covers those agreements.

Recent changes

• 2026: Public Chapter 849 (SB 2032), signed April 27, 2026, gives public-safety employees and applicants reasonable access to their full employment record.
• 2025: Public Chapter 471 (HB 910 / SB 861), signed May 12, 2025, dissolved the Tennessee Human Rights Commission, created CRED on July 1, 2025, rewrote Title 4, Chapter 21 (the 180-day complaint deadline in 4-21-204(e), the 8-employee definition in 4-21-102(8), the one-year suit deadline in 4-21-311(d), the damages cap renumbered as 4-21-312, and the concurrent-actions rule renumbered as 4-21-313) and rewrote the Disability Act (8-50-103).

Related

• Wrongful termination laws by state
• Tennessee at-will employment laws
• Tennessee whistleblower laws
• Tennessee workers' compensation laws
• Tennessee severance pay laws

Disclaimer: This article provides general legal information about Tennessee wrongful termination law (the at-will rule, the Tennessee Human Rights Act and Disability Act as amended by Public Chapter 471 of 2025, the Tennessee Public Protection Act and related case law) and the federal laws that apply in Tennessee. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the Tennessee Attorney General's Civil Rights Enforcement Division, the EEOC, a legal aid office or a lawyer licensed in Tennessee.

Last updated: October 10, 2026.

Frequently Asked Questions

Is Tennessee an at-will employment state?

Yes. Tennessee courts treat employment for an indefinite term as at will, and the Tennessee Supreme Court said in Chism v. Mid-South Milling (1988) that the public-policy exception 'cannot be permitted to consume or eliminate the general rule.' A firing is unlawful only when it breaks a specific statute, contract term or clear public policy.

Who handles discrimination complaints in Tennessee now?

The Tennessee Attorney General's Civil Rights Enforcement Division (CRED). Public Chapter 471 of 2025 dissolved the Tennessee Human Rights Commission, and CRED took over enforcement of the Tennessee Human Rights Act and Disability Act on July 1, 2025.

What is the deadline to file a discrimination complaint in Tennessee?

A complaint to CRED must be filed within 180 days after the alleged discriminatory practice (Tenn. Code Ann. 4-21-204(e)). A lawsuit must be filed within one year after the practice ceases (4-21-311(d)), and the CRED complaint does not pause that year.

Do I have to file with CRED before suing in Tennessee?

No. CRED's FAQ says you are not required to file a complaint with CRED before filing a private lawsuit under the Tennessee Human Rights Act or Tennessee Disability Act.

What is the statute of limitations for wrongful termination in Tennessee?

One year for most claims. Human Rights Act and Disability Act suits must be filed within one year after the practice ceases (4-21-311(d)), and the Tennessee Supreme Court applied a one-year period to a retaliatory discharge claim in Weber v. Moses (1996), running from notice of the firing decision.

How many employees does an employer need for the Tennessee Human Rights Act to apply?

Eight or more employees within Tennessee (Tenn. Code Ann. 4-21-102(8)). The Tennessee Disability Act uses the same 8-employee threshold (8-50-103).

Does Tennessee law protect sexual orientation and gender identity at work?

The Tennessee Human Rights Act does not list them. Federal Title VII does: in Bostock v. Clayton County (2020) the U.S. Supreme Court held that firing someone merely for being gay or transgender violates Title VII, which covers employers with 15 or more employees, and the EEOC deadline in Tennessee is 300 days.

Can I be fired for filing a workers' compensation claim in Tennessee?

The Tennessee Supreme Court recognized a retaliatory discharge claim for workers' compensation retaliation in Clanton v. Cain-Sloan Co. (1984) and allowed punitive damages in such cases. The claim carries a one-year deadline (Weber v. Moses, 1996).

Can I be fired for jury duty in Tennessee?

Not if you gave the required notice. Tenn. Code Ann. 22-4-106(d) bars an employer from firing or discriminating against an employee for serving on jury duty if the employee, before taking time off, showed the summons to an immediate superior on the next day at work. In Hodges v. S.C. Toof & Co. (1992), decided under the statute's earlier numbering, the court held that the statute's remedy is not the only one available.

How much can I recover for wrongful termination in Tennessee?

This page cannot estimate any claim. Under the Human Rights Act a court may award actual damages and attorney's fees (4-21-311(b)), with compensatory damages for future and nonpecuniary losses capped at $25,000 to $300,000 depending on employer size (4-21-312).