Newsletter Sign-up

Keyword Search HCX for your Favorite Author / Content

HireCentrix News Updates

Tennessee Court Makes It Easier to Sue Employers Over Illegal Firings

AddThis Social Bookmark Button

In a decision that some legal observers found surprising, the Tennessee Supreme Court has reversed precedent and made it easier for workers to sue their employers when they believe they were fired illegally.

The court ruled 3-2 last week that employers must prove that workers' claims of discrimination or retaliation are false or else face a trial, according to The Tennessean.

Decades of precedent had put the burden of proof on workers, who had to prove they were not fired for legitimate reasons before they could take a case to trial, often a difficult task.

"Rarely do you have somebody who says, 'I'm firing you because you're black' or 'because you're over 40,''' said Wade Cowan, the attorney for the plaintiff in the case, Gossett v. Tractor Supply Co. Inc.

Cowan said the absence of such evidence has kept too many legitimate lawsuits from reaching trial.

According to the American Bar Foundation, in federal court more than 40 percent of employees in these type of cases are never able to go to trial because their cases are dismissed. Before this week's decision, Tennessee courts followed the federal model for deciding whether employment cases could go to trial.

Business groups and attorneys said the federal model is good. They predicted the state Supreme Court's decision will invite frivolous lawsuits and increase the cost of doing business in Tennessee.


Read more: Insurance Journal

##

Related Posts

Hirecentrix Jobs


OR
Click Here to POST JOBS - $45 for 30 Days
All Jobs Cross-posted to
SimplyHired for FREE

HCX Facts

US investment in the Netherlands from 2000 to 2010 was nine times more than US investment in China during the same period. US investment in the UK was more than seven times more, and in Ireland nearly three times more, than in China. (Source: Transatlantic Economy 2011

Who's Online

We have 451 guests and no members online

Dilbert

Login Register

HCX Login Register