Employment Offer: Tennessee

Federal law and guidance on this subject should be reviewed together with this section.

Author: Christine P. Corrigan, CPC Writing Services

Summary

• Under Tennessee law, in the absence of a written employment agreement, employment is presumptively at-will. See Oral Employment Offer.
• In Tennessee, oral contracts of employment are enforceable if the terms are sufficiently definite. See Oral Employment Offers.
• In Tennessee, employers are not required to provide written employment offers. However, in order to preserve the at-will relationship employers should consider preparing written employment offers. See Offer Letters.
• Tennessee employers are prohibited from inducing prospective employees to accept employment through false advertising, false representations, or false pretenses. See Statutory Limits on Employment Offers.
• Tennessee law permits any individual to request and receive a copy of the criminal conviction record of another. Applicants for employment with school districts and certain health care providers also must undergo criminal background checks as a condition of employment. See Criminal History Checks.
• If an employer has a drug free workplace program, all applicants must undergo drug testing. See Preemployment Screening.
• Tennessee courts will enforce restrictive covenants that are reasonable under the particular circumstances. Therefore, employers should ask applicants whether they are subject to any restrictive covenants before making an employment offer. See Restrictive Covenants.
• If an employer determines that it must withdraw or rescind an employment offer, it should do so, in writing, as quickly as practicable. An employer may face potential liability for promissory estoppel, particularly if an employee has taken action in reliance on the employment offer. See Withdrawing or Rescinding Employment Offers.