Legal Question in Employment Law in Tennessee
Wrongful Termination/STD/Worker's Comp
I have been an employee of my company for less than a year. Recently my direct supervisor was fired because of information I had reported to Senior managment about he and a co-worker. Shortly, thereafter I began to receive harassing phone calls on my home and cell phone which could not be identified. I approached management with this information and asked for help and or to close my territory, which they would not do. I began to have extreme panic attacks with limiting depression and went out on leave with supporting documents from my physician. My company encouraged me to file Workman's Comp and Short Term Disability. I did as instructed on the time frames given. While waiting for a reply from STD (because they said the Workman's comp was formality) they terminated me saying that they needed to fill my sales territory. They also informed me that they would back date the termination to two weeks ago. Even though Tennessee is an employment at will state, is this considered wrongful termination or retalitation?
1 Answer from Attorneys
Re: Wrongful Termination/STD/Worker's Comp
Based on what you say, there are a lot of troubling aspects to your employer's conduct. It does appear that you are the victim of retailiation for your reporting your supervisor's behavior. Whether you have a retailiation claim for this will depend upon the nature of his conduct which you reported.
In addition to that claim, you should explore the possiblitiy that you have been terminated as a result of a disability or for filing a worker's compensation claim. Both would be a basis for a claim. You should see an attorney about this situation at once. If you have any more questions, please do not hesitate to contact me, 901.527.5522 or [email protected].