Smith v. BlueCross BlueShield of Tennessee
Held that an insurance company’s termination of an at-will employee for petitioning legislators about Covid-19 vaccine requirements did not fall within a “violates clear public policy” exception to at-will employment. Because the right to petition in the TN Constitution only constrains the government, not private parties, a private employer does not violate “public policy” by terminating an employee for exercising that right.
Related Commentary
The Right to Petition in State Constitutions, Explained
Some states protect citizens’ right to make requests of or complaints against the government more broadly than the federal Constitution.
State Court Oral Arguments to Watch for in May
Issues on the dockets include voting restrictions, gun regulations, and free speech rights.