In Tennessee and all across the country, when workers feel that their employment rights have been violated or that they were fired from their jobs without a good reason, it used to be more difficult to file a lawsuit against a former employer for this reason. This usually left many Tennessee workers without many options except for to get a new job and move on and hope that the company learned its lesson. Now however, the Tennessee Supreme Court has reversed a precedent which will make it easier for Tennessee workers to file a lawsuit against a former employer if they feel they were fired illegally. If you have questions on how this may affect your case or if you feel you were fired illegally, you should speak with a Tennessee employment lawyer right away. They will help answer your questions and make sure that you get the compensation that is rightfully yours.
In a court ruling of 3-2 last week, employers must now prove that a workers’ claim of discrimination or retaliation are false or possibly be faced with a trial. Before this decision, it was up to an employee to prove that they were wrongfully fired and this was often very difficult to do because most employers will not say, “I’m firing you because you’re black’ or ‘because you’re over 40,”’ said Wade Cowan, the attorney for the plaintiff in the case, Gossett v. Tractor Supply Co. Inc.
In federal court, more than forty percent of cases were an employee had to prove they were illegally fired, never got the chance to go to trial before their cases would be dismissed, according to the American Bar Association. Before this decision, Tennessee used the federal model for determining whether or not these cases should go to trial. Many businesses fear that this will hurt small businesses and increase Tennessee business costs in general. Other attorneys think that this will give employees a right to present their case and not have it dismissed before it is even heard.
This decision will not only affect the number of cases that go to trial but also increase settlement values and have most Tennessee employment cases getting filed in state courts instead of federal ones.
This decision will allow many Tennessee workers a chance for their case to be heard. If you feel that you or someone you care about has been fired illegally, then we suggest contacting one of our caring and experienced Tennessee employment rights attorneys immediately. We will hear your case and work with you to make sure your case gets heard before a judge and you get the compensation you are entitled to under the law. Feel free to Contact us online or call us at 800.705.2121 to set up a FREE consultation to discuss your employment rights and legal options.