What do I need to prove to win a wrongful termination case?
In Tennessee, to win a wrongful termination case, you need to prove that your employer broke the law in terminating you. This is called “establishing a prima facie case of wrongful termination”. The first step in doing this is to show that you were an employee, not an independent contractor or volunteer. Then, you must demonstrate that your employer violated the terms of an employment contract, that a public policy was broken, that you experienced discrimination or harassment, or that the firing was retaliation for having exercised a legal right. To prove an employment contract violation, you should present evidence of a written contract or an oral promise of employment that was not fulfilled. To prove violations of public policy, you should present evidence of a law that the employer violated when they fired you. To prove discrimination or harassment, you should provide evidence of comments or behavior directed towards you because of a legally protected status, such as race, gender, or age. Lastly, if you were fired for exercising a legal right, you should present evidence of the right you were exercising and how your employer punished you for doing so. Once you have established a prima facie case of wrongful termination, your employer must prove that there was a legitimate, non-discriminatory reason for firing you. If they cannot do this, you may be entitled to compensation.
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