HEATHER SMITH v. BLUECROSS BLUESHIELD OF TENNESSEE - Articles

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HEATHER SMITH v. BLUECROSS BLUESHIELD OF TENNESSEE

Posted by: Julia Wilburn on Jun 9, 2023

Court: TN Court of Appeals

Attorneys 1: Stephen S. Duggins and Colson Duggins, Chattanooga, Tennessee, for the appellant, Heather Smith.

Attorneys 2: Robert E. Boston, Joshua T. Wood and David J. Zeitlin, Nashville, Tennessee, for the appellee, BlueCross BlueShield of Tennessee, Inc.

Judge(s): SWINEY

This appeal concerns a claim of retaliatory discharge. Heather Smith (“Smith”), then an at-will employee of BlueCross BlueShield of Tennessee Inc. (“BlueCross”), declined to take a Covid-19 vaccine. Smith emailed members of the Tennessee General Assembly expressing her concerns and grievances about vaccine mandates. BlueCross fired Smith after it found out about her emails. Smith sued BlueCross for common law retaliatory discharge in the Chancery Court for Hamilton County (“the Trial Court”). For its part, BlueCross filed a motion to dismiss for failure to state a claim. After a hearing, the Trial Court granted BlueCross’s motion to dismiss. Smith appeals. We hold that Article I, Section 23 of the Tennessee Constitution, which guarantees the right of citizens to petition the government, is a clear and unambiguous statement of public policy representing an exception to the doctrine of employment-at-will. Smith has alleged enough at this stage to withstand BlueCross’s motion to dismiss for failure to state a claim. We reverse the Trial Court and remand for further proceedings consistent with this opinion.

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