Ask Reggi Your Question Now

Reggi is the free generative AI assistance for regulatory compliance
Ask a Question

Can I terminate employees without violating employment laws in Tennessee? What are the requirements?

Requirements for Terminating Employees in Tennessee

To terminate employees in Tennessee, you must follow the requirements outlined in TNCO 8-30-316. An employee in the preferred service who has successfully completed a probationary period becomes a preferred service employee and may be dismissed, demoted, or suspended for cause. An appointing authority may dismiss any employee when the authority determines that the good of the service will be served thereby. Whenever an employee is dismissed “for the good of the service,” the notice of termination must outline the reasons for dismissal. A notice of termination shall include the reason for the termination in clear and concise language and shall state the facts that led to the termination. A preferred service employee is entitled to appeal a dismissal, demotion, or suspension as provided in § 8-30-318 [1.1].

Additionally, it is important to note that it is unlawful for any person, firm, corporation, or association of any kind to enter into any contract, combination, or agreement, written or oral, providing for exclusion from employment of any person because of membership in, affiliation with, resignation from, or refusal to join or affiliate with any labor union or employee organization of any kind [2.2].

If you are notifying affected employees of a reduction in operations, you must also notify state government by telephoning the commissioner of labor and workforce development and informing the commissioner of the circumstances of the reduction in operations, as well as the number of employees affected. Upon receiving initial notification of a reduction in operations, the commissioner shall immediately advise the commissioners of economic and community development, education, health, human services, and mental health and substance abuse services, the executive director of the state board of education, and the chancellor of the board of regents of the state university and community college system, concerning the circumstances of the reduction in operations and the number of affected employees [2.1].

Therefore, to terminate employees in Tennessee, you must have a valid reason for doing so, and the notice of termination must outline the reasons for dismissal. You must also comply with the requirements outlined in TNCO 8-30-316 and ensure that you are not violating any laws related to labor unions or employee organizations [1.1][2.2][2.1].

Source(s):
Jurisdiction

Tennessee