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Case Citations [i] (Spring 2026)

handle is hein.ali/aliemploy0048 and id is 1 raw text is: 





                            THE AMER CAN


                            LAW INSTITUTE



                                    Spring 2026 Citations



                          EMPLOYMENT LAW



    CHAPTER 5.   THE  TORT   OF WRONGFUL DISCHARGE IN VIOLATION OF PUBLIC
                                         POLICY

§ 5.03. Wrongful Discharge in Violation of Public Policy: Sources of Public Policy

Tenn.2025. Com. (b) quot. in sup. and in ftn. Employee who was terminated for emailing state
legislators to express grievances about a vaccination mandate employer implemented during a pandemic
filed a claim for common-law retaliatory discharge against employer, alleging, among other things, that
defendant's violation of her right to petition under the Tennessee constitution entitled her to sue under
the public policy exception to the at-will-employment doctrine. The trial court granted defendant's
motion to dismiss. The court of appeals reversed. This court affirmed the trial court's ruling, holding
that at-will employees like plaintiff could not assert a claim of retaliatory discharge against private
employers like defendant based on the right to petition granted by the Tennessee constitution. The court
reasoned that, under Restatement of Employment Law § 5.03, Comment b, federal and state
constitutions primarily addressed government action, and as a general matter did not apply directly to
private-sector employers or employees. Smith v. BlueCross BlueShield of Tennessee, 710 S.W.3d 686,
703.
















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