Can I be fired for making a workers’ compensation claim?
You can be fired at will in Tennessee or Georgia, except for reasons prohibited under state or Federal law, such as race, color, sex, national origin, age or disability. In theory, Tennessee recognizes a cause of action for retaliatory discharge for making a workers’ compensation claim, but as a practical matter such cases are very difficult to prove. An employer can almost always find a pretense for firing an employee, such as being late for work or for violating a safety rule, etc. However, there are financial incentives that usually discourage responsible employers from firing employees after an injury on the job, as discussed above.
