Probationary Period Rules in Tennessee: Can You Be Fired?

Federal law does not impose statutory probationary period requirements on employers. However, federal civil rights laws apply to all employees during any probationary period, including Title VII of the Civil Rights Act of 1964 (42 U.S.C. § 2000e), which prohibits discrimination based on race, color, religion, sex, or national origin for employers with 15 or more employees; the Americans with Disabilities Act (42 U.S.C. § 12101 et seq.), which requires employers with 15 or more employees to provide reasonable accommodations to qualified employees with disabilities; the Age Discrimination in Employment Act (29 U.S.C. § 621 et seq.), which prohibits age discrimination for employees 40 and older at employers with 20 or more employees; and the Genetic Information Nondiscrimination Act (42 U.S.C. § 2000ff), which prohibits discrimination based on genetic information.

Federally, probationary employees can be terminated at-will absent a contract providing otherwise, but cannot be terminated due to protected class status, requesting reasonable accommodation, filing EEOC charges, or other illegal reasons. The EEOC enforces these federal protections. No federal statute mandates probationary periods or sets minimum durations. The National Labor Relations Act (29 U.S.C. § 151 et seq.) protects union organizing activity, which applies during probation. Probationary employees have the same FMLA rights as other employees if the employer is covered and the employee meets FMLA eligibility criteria.

Tennessee Code Annotated section 34-7-2 establishes that employment relationships in Tennessee are at-will by default, meaning either party can terminate employment for any lawful reason or no reason at all, without notice. This is identical to the federal baseline and creates no additional procedural requirements during probationary periods. Tennessee does not mandate probationary periods, does not set minimum or maximum probationary period lengths, and does not require employers to specify probationary period terms in writing.

However, Tennessee state law prohibits termination during probation based on protected characteristics. Tennessee Code Annotated section 4-21-101 makes it unlawful for employers with eight or more employees to discriminate in hiring, compensation, terms, conditions, or privileges of employment based on race, creed, color, religion, sex, national origin, age (40 or older), disability, or status as a military veteran. This protection applies equally to probationary and permanent employees. Tennessee Code Annotated section 4-21-408 protects employees from retaliation for filing discrimination complaints.

Tennessee Code Annotated section 50-1-104 prohibits retaliation against employees for filing workers' compensation claims or seeking workers' compensation benefits, and this protection extends to probationary employees. Tennessee also recognizes a public policy exception to at-will employment: probationary employees cannot be fired for jury duty, military service, voting, or refusing to commit an illegal act.

Unlike some states, Tennessee does not have a separate statutory probationary period framework, does not require notice before termination during probation, and does not mandate continued benefits during probation. Remedies under state law include damages for discrimination under section 4-21-101 and reinstatement or damages for illegal retaliation. Tennessee's approach is weaker than federal law in that the state discrimination statute applies to employers with only eight or more employees (federal Title VII covers 15+), but state coverage is broader in this specific threshold.

At-will employment in Tennessee permits probationary terminations without cause, but several exceptions apply even during probation. Employers cannot fire probationary employees for discriminatory reasons based on protected classes under Tennessee Code Annotated section 4-21-101 (race, color, religion, sex, national origin, age 40+, disability, or military veteran status) if the employer has 8 or more employees. Federal Title VII extends this protection for employers with 15+ employees.

Employers cannot retaliate against probationary employees for filing discrimination complaints, workers' compensation claims, or engaging in protected union activity under the National Labor Relations Act. Tennessee Code Annotated section 50-1-104 specifically prohibits retaliation for workers' compensation claims. Public policy exceptions prevent termination for jury duty, military service, voting, or refusing to commit an illegal act. Whistleblower protections under Tennessee Code Annotated section 50-1-101 et seq. protect employees (including those on probation) who report illegal activities or safety violations.

If an employment contract, collective bargaining agreement, or employee handbook explicitly modifies at-will status or promises just cause or a probationary process with specific notice requirements, courts may enforce those terms even for probationary employees. However, mere statements in a handbook about probationary periods do not restrict the at-will right unless the contract language clearly indicates an intent to limit it.

Tennessee recognizes no public sector probationary protections beyond those protecting all employees. Government employees may have additional due process rights under the Fourteenth Amendment depending on whether they have a property interest in continued employment, but at-will private sector probationary employment remains virtually unrestricted except for the discrimination, retaliation, and public policy exceptions noted above.

Step 1: Document the termination and surrounding circumstances immediately. Keep records of all communications before and after termination, including emails, text messages, performance evaluations, and any written warnings or feedback. Document the date of hire, date of termination, the stated reason for termination (if any), and any witnesses to conversations about the termination. If the termination occurred during a stated probationary period, preserve the job offer letter or employee handbook that defined the probationary terms. Note any pattern of similar terminations of employees in your protected class.

Step 2: Review the reason for termination and whether it involves a protected characteristic or activity. Determine whether the termination was based on race, color, religion, sex, national origin, age (40+), disability, military status, or other protected class under Tennessee Code Annotated section 4-21-101. Assess whether the termination followed a discrimination complaint, workers' compensation claim, union activity, jury duty, or refusal to commit an illegal act. Request a written statement of the reason for termination from the employer if not already provided; employers are not required to provide this but doing so creates documentation. Consult an employment attorney before responding to the employer to avoid waiving rights.

Step 3: File a charge of discrimination with the Tennessee Human Rights Commission (THRC) if the termination involved discrimination. The THRC has a dual-filing agreement with the EEOC, so filing with THRC automatically files with the EEOC as well. You have 180 days from the date of the discriminatory termination to file (Tennessee is a non-deferral state, meaning the 180-day federal deadline applies). Submit the charge at the THRC Nashville office: Tennessee Human Rights Commission, 312 Rosa L. Parks Avenue, Nashville, TN 37243, phone (615) 741-5825 or toll-free 1-800-209-6842, or file online at tn.gov/humanrights. Include your name, the employer's name and address, the date of termination, the basis for discrimination, and a brief description of what happened.

Step 4: Expect the investigation process to take 4-6 months or longer. The THRC/EEOC will contact the employer for a statement and may request documents from both parties. An investigator may conduct interviews with you, the employer, and witnesses. You will have the right to respond to the employer's position. After investigation, the THRC will issue a determination: either finding cause for discrimination or finding no probable cause. If cause is found, the parties may participate in mediation. If no resolution occurs, you may request a right-to-sue letter from the EEOC, which allows you to file a private lawsuit in federal court. For workers' compensation retaliation claims, file with the Tennessee Division of Workers' Compensation, Board of Workers' Compensation Judges, 220 Athens Way, Nashville, TN 37228, phone (615) 741-2395.

Step 5: Consult an employment law attorney immediately if the termination involved discrimination, retaliation, or a violation of public policy. Contact a Tennessee employment attorney licensed in Tennessee who specializes in employment discrimination. Most offer free initial consultations. An attorney can review the strength of your claim, advise on damages, represent you in the THRC/EEOC process, and file a lawsuit if necessary. Do not sign any severance or settlement agreement without attorney review, as doing so may waive your right to sue. Time is critical: the 180-day filing deadline for EEOC charges is strictly enforced.