--- name: tn-employment description: > Subject-matter bundle for Tennessee employment matters — workplace discrimination, harassment, retaliation, wage-and-hour claims, whistleblower, non-compete, and the workers'-compensation exclusive-remedy regime. Triggers include "Tennessee employment", "Tennessee discrimination at work", "Tennessee Human Rights Act", "THRA", "Tenn. Code Ann. 4-21-101", "Tennessee Disability Act", "TDA", "Tenn. Code Ann. 8-50-103", "Tennessee Public Protection Act", "TPPA", "Tenn. Code Ann. 50-1-304", "Tennessee whistleblower", "Tennessee wage payment", "Tenn. Code Ann. 50-2-101", "Tennessee wage theft", "Tennessee unpaid wages", "Tennessee final paycheck", "Tennessee right to work", "Tennessee non-compete", "Tennessee restrictive covenant", "Murfreesboro Medical Clinic v. Udom", "Tennessee at-will employment", "Stein v. Davidson Hotel", "Tennessee workers compensation", "Court of Workers' Compensation Claims", "CWCC Tennessee", "Tenn. Code Ann. 50-6-237", "Tennessee E-Verify", "Tennessee Lawful Employment Act", "FLSA Tennessee", "Title VII Tennessee EEOC". Covers the THRA at Tenn. Code Ann. § 4-21-101 et seq. (8+ employee coverage; 1-year judicial SOL at § 4-21-311; 180-day administrative window to the Tennessee Human Rights Commission at § 4-21-302), the TDA at § 8-50-103, the TPPA whistleblower regime at § 50-1-304 with its strict "sole reason" element (Williams v. City of Burns, 465 S.W.3d 96 (Tenn. 2015)), the Wage Regulation Act at § 50-2-101 et seq. (no state minimum wage — FLSA $7.25 applies; final-wage timing at § 50-2-103; treble damages on willful nonpayment under § 50-2-101(a)(2)), Tennessee's right-to-work statute at § 50-1-201 et seq. (constitutionalized by the Nov. 2022 amendment to Tenn. Const. art. XI § 21), common-law non-compete enforceability under Murfreesboro Medical Clinic v. Udom, 166 S.W.3d 674 (Tenn. 2005), the at-will baseline confirmed by Stein v. Davidson Hotel, 945 S.W.2d 714 (Tenn. 1997), and the workers'-compensation exclusive remedy at § 50-6-108 with post- 7/1/14 adjudication routed to the Court of Workers' Compensation Claims under § 50-6-237. version: 0.1.0 --- # Tennessee Employment Law > **NOT LEGAL ADVICE.** Tennessee employment claims are > short-fused and forum-strategy-sensitive. The THRA 1-year > judicial SOL is shorter than most peer states; the TPPA's > "sole reason" element is unusually narrow; the workers'- > compensation forum split between pre-7/1/14 Chancery > jurisdiction and post-7/1/14 Court of Workers' Compensation > Claims jurisdiction trips even experienced practitioners. > Verify SOLs, employer-coverage thresholds, and forum > selection against the current Tenn. Code Ann. before > drafting, and consult a licensed Tennessee attorney about > your specific case. Use this subject-matter bundle for Tennessee employment civil actions — discrimination/harassment/retaliation, unpaid wages, whistleblower, non-compete enforcement, and tort-overlay claims against the workers'-compensation exclusive remedy. ## At a glance - **At-will baseline**: Tennessee is firmly an at-will state. *Stein v. Davidson Hotel*, 945 S.W.2d 714 (Tenn. 1997). Public-policy exception is narrow and largely codified in the TPPA. - **Right-to-work**: Constitutionalized Nov. 2022 (Tenn. Const. art. XI § 21); previously statutory at Tenn. Code Ann. § 50-1-201 et seq. Compelled union-membership agreements are void. - **No state minimum wage**: FLSA's $7.25/hr federal floor controls. Tennessee has no state overtime law; FLSA's 40-hour threshold applies. - **Enforcement agencies**: Tennessee Human Rights Commission (THRC) for THRA; Tennessee Department of Labor & Workforce Development (Wage Regulations Division) for wage claims; the **Court of Workers' Compensation Claims (CWCC)** for post- 7/1/14 workers'-comp matters under § 50-6-237; EEOC and DOL for the federal overlay. ## SOL catalog (the most-used) | Claim | SOL | Citation | |---|---|---| | **THRA (judicial)** | **1 year** from discriminatory act | Tenn. Code Ann. § 4-21-311(d) | | **THRA (administrative)** | **180 days** to THRC | Tenn. Code Ann. § 4-21-302(a) | | **TDA (state disability)** | tracks THRA — 1 year | § 8-50-103 + § 4-21-311 | | **TPPA whistleblower** | **1 year** (personal action) | Tenn. Code Ann. § 28-3-104(a)(1) | | **Common-law retaliatory discharge** | **1 year** | § 28-3-104(a)(1) | | **Tennessee Wage Regulation Act (private claim)** | **1 year** treated as personal action; **6 years** if pleaded as breach of contract | § 28-3-104 / § 28-3-109 | | **Workers' Compensation (PTD/PPD claim to CWCC)** | **1 year** from injury or last voluntary benefit | Tenn. Code Ann. § 50-6-203 | | **Title VII / ADA / ADEA (federal in TN)** | **300 days** to EEOC (deferral state via THRC work-share) | 42 U.S.C. § 2000e-5(e); 29 U.S.C. § 626(d) | | **FLSA (federal)** | **2 years** / **3 years** willful | 29 U.S.C. § 255 | | **FMLA (federal)** | **2 years** / **3 years** willful | 29 U.S.C. § 2617(c) | Current SOL day counts and any one-time tolling carve-outs should be verified against the current `tn-statutes-debt/Tenn-Code-T28-Ch3.md` and `tn-statutes-debt/Tenn-Code-T4-Ch21.md` corpus files (or the canonical Tenn. Code Ann. where the corpus is stubbed). ## The five principal Tennessee statutes ### 1. Tennessee Human Rights Act (THRA) — Tenn. Code Ann. § 4-21-101 et seq. The THRA mirrors federal Title VII / ADEA / ADA in substantive prohibitions (race, color, religion, sex, age 40+, national origin, retaliation) but operates on a **lower employer-size floor and a shorter judicial SOL**. - **Coverage**: 8+ employees under § 4-21-102(5) (compare Title VII's 15+ and ADEA's 20+). - **Administrative complaint**: 180 days to the Tennessee Human Rights Commission under § 4-21-302(a). Filing with THRC starts an investigative track; the parallel federal charge is filed via THRC's work-share with the EEOC. - **Judicial complaint**: 1 year from the discriminatory act under § 4-21-311(d). The judicial track is **independent of the administrative track**; filing in Chancery / Circuit does **not** require exhaustion at THRC, but filing at THRC and litigating to a final order may bar a subsequent judicial action (election of remedies). See *Hoyle v. NAEYC*, 2010 Tenn. App. LEXIS 122. - **Damages**: compensatory; punitives available; mandatory attorney's fees on prevailing-plaintiff under § 4-21-311(b). - **Jury trial**: yes under § 4-21-311(a). - **Forum**: Chancery or Circuit (concurrent subject-matter jurisdiction); General Sessions has no THRA jurisdiction. ### 2. Tennessee Disability Act (TDA) — Tenn. Code Ann. § 8-50-103 State analog to the ADA with the same 8+ employer-coverage threshold as the THRA. Procedural framework runs through § 4-21-311 (the THRA's enforcement section); SOL and remedies track the THRA. The 2024 amendment confirmed coverage of "associational discrimination" claims (adverse action against an employee because of the disability of a family member). ### 3. Tennessee Public Protection Act (TPPA) — Tenn. Code Ann. § 50-1-304 The TPPA is the principal **statutory whistleblower** tool. It is *not* a generic anti-retaliation statute — it requires: 1. The employee **refused to participate in** or **refused to remain silent about** an illegal activity; 2. The illegal activity was a violation of statute, regulation, or rule; 3. Discharge **solely** because of the protected activity (the "**sole reason**" element). The "sole reason" element is critical and has defeated many TPPA claims. *Williams v. City of Burns*, 465 S.W.3d 96 (Tenn. 2015), modified the burden-shifting framework but retained the sole-causation requirement: the employee must show the protected activity was the only reason, with mixed-motive defenses unavailable to plaintiffs. The TPPA largely codifies the narrow common-law retaliatory- discharge tort recognized in *Chism v. Mid-South Milling Co.*, 762 S.W.2d 552 (Tenn. 1988). For protected activity falling **outside** the TPPA (e.g., refusal to do something legal but unwise; reporting that is not a clear statutory violation), the common-law tort may still be available but the **public-policy** hook must be tied to a constitution, statute, or regulation. *Crews v. Buckman Labs. Int'l, Inc.*, 78 S.W.3d 852 (Tenn. 2002), recognized the right of in-house counsel to bring such a claim. The TPPA also protects **lawful off-duty tobacco use** under § 50-1-304(d)(3) — Tennessee's "smoker-protection" provision. ### 4. Tennessee Wage Regulation Act — Tenn. Code Ann. § 50-2-101 et seq. - **Frequency of pay (§ 50-2-103)**: private employers with 5+ employees must pay **semi-monthly**; certain industries may pay monthly. The first half of the month's wages must be paid by the 20th of the same month; the second half by the 5th of the succeeding month. - **Final wages**: must be paid by the next regular payday following separation **or within 21 days**, whichever is later (§ 50-2-103(g)). Tennessee does **not** require immediate payment on discharge. - **Treble damages on willful nonpayment**: the Commissioner may assess civil penalties; an employee bringing a private action may recover the unpaid wages plus reasonable attorney's fees and, where the employer acted willfully, statutory liquidated damages. See § 50-2-101(a)(2). - **No state minimum wage**: FLSA $7.25/hr federal floor controls. § 50-2-201 expressly does not set a state minimum. For unpaid-wage claims pleaded as breach of contract the **6-year SOL at § 28-3-109** applies; for the bare statutory remedy treat the SOL as **1 year** under § 28-3-104. ### 5. Workers' Compensation — Tenn. Code Ann. § 50-6-101 et seq. Tennessee's workers'-compensation regime is the **exclusive remedy** for accidental injuries arising out of and in the course of employment (§ 50-6-108). The intentional-tort carve-out is narrow — the employer must have acted with **actual intent** to injure, not mere knowledge of risk; *Valencia v. Freeland & Lemm Constr. Co.*, 108 S.W.3d 239 (Tenn. 2003). **Critical forum split** (post-2013 reform): - **Injuries on or after July 1, 2014**: adjudicated by the **Court of Workers' Compensation Claims (CWCC)** under § 50-6-237 — an administrative trial court within the Bureau of Workers' Compensation, with appeals to the Workers' Compensation Appeals Board and ultimately the Tennessee Supreme Court. - **Injuries before July 1, 2014**: adjudicated by the **Chancery Court** of the appropriate county. Petitions for Benefit Determination (PBDs) and Petitions for Benefit Review (PBRs) drive the CWCC track; the BWC mediation step (Mediation and Ombudsman Services of Tennessee — MOST) is required before judicial intervention. The **exclusive-remedy bar** also limits tort suits against **co-employees** (§ 50-6-108(b)), with a narrow carve-out for willful injury. ## Right-to-work and union mechanics - Tennessee is a **right-to-work** state. Compelled union- membership agreements are void under Tenn. Code Ann. § 50-1-201 et seq. and, since the November 2022 ratification of Amendment 1, under **Tenn. Const. art. XI § 21**. - Constitutionalization elevated the protection beyond ordinary statutory repeal; legislative weakening of the protection now requires a constitutional amendment. - Right-to-work does **not** bar collective bargaining or union recognition — only compelled membership as a condition of employment. ## Non-compete and restrictive covenants Tennessee has **no statewide salary-threshold reform** (contrast Washington's RCW 49.62 and California's near-total ban). Non-compete enforceability is governed by **common law** under *Murfreesboro Medical Clinic, P.A. v. Udom*, 166 S.W.3d 674 (Tenn. 2005) — the **reasonableness test**: 1. **Protectable interest** — confidential information, trade secrets, customer relationships, specialized training. Mere desire to suppress competition is not protectable. 2. **Reasonable in time** — typically 1–2 years; longer periods require a strong showing of necessity. 3. **Reasonable in geographic scope** — tied to the territory where the employer actually competes. 4. **Reasonable as to scope of restricted activity** — restrictions on activities the employee did not perform for the employer are vulnerable. The court applies a **rule of reason** and may **blue-pencil** or "reasonably alter" an overbroad covenant rather than voiding it entirely — *Allright Auto Parks v. Berry*, 219 Tenn. 280 (1966) — though aggressive judicial rewriting is disfavored. **Physician non-competes** are independently regulated by **Tenn. Code Ann. § 63-1-148**, which caps duration and limits geographic scope; non-conforming physician non- competes are unenforceable. **Trade-secret claims** track the **Tennessee Uniform Trade Secrets Act (TUTSA)** at § 47-25-1701 et seq. — see `tn-commercial-disputes` for litigation framework. ## Federal overlay — the deferral-state framework The THRC is an EEOC **work-share agency**. A complaint filed with either THRC or EEOC is dual-filed, and the federal **300-day** SOL applies to Title VII / ADA / ADEA / GINA in Tennessee (rather than the 180-day non-deferral baseline). | Claim | Federal track | TN parallel | |---|---|---| | Race/sex/religion/national origin | Title VII (15+) | THRA (8+) | | Disability | ADA (15+) | TDA (8+) | | Age 40+ | ADEA (20+) | THRA age provision (8+) | | Pregnancy | PDA / PWFA | THRA sex | | Genetic info | GINA | (no state analog) | | Equal pay | EPA / Title VII | THRA | | FMLA | FMLA (50+ in 75-mi) | (no state analog) | The **5-year THRC charge** and the federal **180-/300-day EEOC** clocks run independently for the substantive merits window — but the THRA 1-year **judicial** SOL is a hard deadline once a plaintiff elects the judicial track. ## Forum strategy | Claim | Forum | Notes | |---|---|---| | THRA / TDA | Chancery or Circuit | Concurrent; Chancery often preferred for equitable relief (reinstatement, injunction) | | TPPA / common-law retaliatory discharge | Chancery or Circuit | Jury trial available; § 50-1-304(d) | | Wage Regulation Act | Chancery or Circuit; **General Sessions** if amount in controversy is ≤ $25,000 | General Sessions allows the small claim track + 10-day de novo appeal | | Non-compete enforcement | **Chancery** (TRO/preliminary injunction is the standard ask) | Equity forum; verified complaint + bond | | Workers' Compensation (≥ 7/1/14 injury) | **Court of Workers' Compensation Claims** | Administrative trial court; PBD/PBR; mediation required | | Workers' Compensation (< 7/1/14 injury) | **Chancery** of the injury / residence / employer county | Legacy regime | | Federal claims (Title VII / FLSA / FMLA) | **U.S. District Court** (Eastern, Middle, or Western District of Tennessee) | Removal possible from state court if federal cause of action pleaded; supplemental jurisdiction for parallel THRA claim | ## Drafting checklist - [ ] Verify employer-size coverage threshold for each pleaded statute (THRA 8+, Title VII 15+, ADEA 20+, FMLA 50+ within 75 miles). - [ ] Confirm the **THRA 1-year judicial SOL** — calendar from the last discriminatory act (or last act in a continuing violation; *Booker v. Boeing Co.*, 188 S.W.3d 639 (Tenn. 2006)). - [ ] If filing a federal Title VII / ADA / ADEA charge first, preserve the **EEOC Right-to-Sue 90-day** clock and the independent THRA 1-year clock — they run **separately**. - [ ] For TPPA: plead the **sole-causation** element affirmatively and identify the **specific statute, regulation, or rule** the employer was violating. - [ ] For wage claims pleaded under § 50-2-101 alone, treat the SOL as 1 year; for breach-of-employment-contract claims use the **6-year SOL** at § 28-3-109 and plead the contract elements. - [ ] For workers'-comp matters: confirm the injury date — pre- vs. post-July 1, 2014 — and route to Chancery or CWCC accordingly; **do not file the post-2014 claim in Chancery**. - [ ] For non-compete enforcement: verified complaint + motion for TRO + bond (Tenn. R. Civ. P. 65.04); plead the *Udom* factors; identify the **protectable interest** with specificity. - [ ] For non-compete defense: identify which *Udom* factor fails; consider whether the **physician-specific** § 63-1-148 cap applies. ## Damages and remedies | Statute | Compensatory | Punitive | Liquidated / multiplier | Attorney's fees | |---|---|---|---|---| | THRA / TDA | Yes (no cap) | Yes (no cap) | — | Mandatory to prevailing plaintiff (§ 4-21-311(b)) | | TPPA | Yes | Yes | — | Discretionary (§ 50-1-304(d)(2)) | | Wage Reg. Act | Unpaid wages | — | Liquidated damages where willful | Reasonable attorney's fees (§ 50-2-101) | | Common-law retaliatory discharge | Yes | Yes (heightened *Chism* showing) | — | American Rule | | FLSA | Unpaid wages | — | Liquidated 100% (good-faith defense) | Mandatory under 29 U.S.C. § 216(b) | | Title VII | Yes (capped sliding by size) | Yes (capped) | — | Mandatory to prevailing plaintiff | ## Composition - For statewide format and caption: `tn-statewide-format` - For Chancery / Circuit venue mechanics: `tn-davidson`, `tn-shelby`, `tn-knox`, `tn-hamilton`, or `tn-county-courts` - For General Sessions wage-claim track (≤ $25k): `tn-general-sessions` - For first responsive pleading: `tn-first-30-days` - For drafting motions / declarations / orders: `tn-draft-motion`, `tn-draft-declaration`, `tn-draft-order` - For SOL/limitations arithmetic: `tn-deadlines` - For commercial / trade-secret overlap (TUTSA, fiduciary duty, tortious interference): `tn-commercial-disputes` - For consumer-debt overlap (garnishment of unpaid-wage judgments): `tn-consumer-debt` + `tn-post-judgment` ## References - `tn-law-references` — Tenn. Code Ann., Tenn. R. Civ. P., and federal-debt-laws (FLSA / ADA / Title VII overlay) symlinked from `claude-legal-federal-laws` - Tenn. Code Ann. Title 4 ch. 21 (THRA — when corpus is populated) - Tenn. Code Ann. Title 50 chs. 1 (TPPA / right-to-work), 2 (Wage Regulation), 6 (Workers' Comp), 9 (Drug-Free Workplace) - Tenn. Code Ann. Title 8 ch. 50 (TDA) - *Murfreesboro Medical Clinic, P.A. v. Udom*, 166 S.W.3d 674 (Tenn. 2005) - *Williams v. City of Burns*, 465 S.W.3d 96 (Tenn. 2015) - *Stein v. Davidson Hotel Co.*, 945 S.W.2d 714 (Tenn. 1997) - *Chism v. Mid-South Milling Co.*, 762 S.W.2d 552 (Tenn. 1988) - *Crews v. Buckman Labs. Int'l, Inc.*, 78 S.W.3d 852 (Tenn. 2002) - *Valencia v. Freeland & Lemm Constr. Co.*, 108 S.W.3d 239 (Tenn. 2003) - Court of Workers' Compensation Claims: https://www.tn.gov/workforce/injuries-at-work/court-of-workers--compensation-claims.html - Tennessee Human Rights Commission: https://www.tn.gov/humanrights.html