Legal Question in Sexual Harassment in Tennessee

Re: Termination without any proof of sexual harassment

Most employers will not give detailed references about a former employee, because it invites slander or libel lawsuits for maligning the former employee's character. If you are worried that the former employer might leak this information to a future employer, your husband could send the former employer a letter expressing his anger with the situation and indicate that he would consider suing the former employer if that former employer gives out false or misleading information. "False" here is a subjective term, and often what is true to one person is false to another. Still the former employer would be wise upon receipt of that letter to give practically only objective reference information: dates of employment, job title, etc.

Michael A. S. Guth

Re: Termination without any proof of sexual harassment

Generally, Tennessee is an employment at-will state. That means that an employer can terminate an individual's employment at any time for any reason. Similarly, an individual can quit at any time for any reason. There are exceptions to this rule. If there is reason to believe that your husband was discriminated against on the basis of his age, race, sex, national origin, religion or handicap/disability, then his employment may be protected. Also, it is illegal to terminate an individual's employment in retaliation for engaging in a practice that the individual has a lawful right to do (e.g., protest discrimination, file a claim for workers' compensation, refuse tn engage in illegal activities, etc.).

If you would like to consult with an attorney in regards to consult with us in regards to these issues, please contact us at [email protected].