Heather Smith v. BlueCross BlueShield of Tennessee

In this appeal, we hold that the right to petition in the Tennessee Constitution is enforceable against governmental entities, not private parties, and that it cannot be the basis for a “public policy” exception to the employment-at-will doctrine as against private employers. Here, the plaintiff at-will employee emailed members of the Tennessee General Assembly expressing grievances about the COVID-19 vaccination mandate implemented by her employer, a private organization. After the employer told the plaintiff that the email violated the employer’s policies, the employee sent a second similar email to legislators. The defendant terminated the plaintiff’s employment. The plaintiff sued the defendant private employer for retaliatory discharge, asserting her employment was terminated for exercising the right to petition in Article I, Section 23 of the Tennessee Constitution. The trial court dismissed the complaint, and the Court of Appeals reversed. On appeal, our review shows that, for hundreds of years dating back to early England, the constitutional right to petition has been considered a bulwark against government oppression, not a constraint on private parties. No state in the nation has held that the right to petition applies to limit the ability of private employers to terminate the employment of at-will employees, and the language in Article I, Section 23 does not mandate such a holding. We hold that Article I, Section 23 is enforceable only against the government, not against private actors; consequently, private employers do not violate a clear public policy by terminating employees for exercising the right to petition. Thus, at-will employees may not base claims of retaliatory discharge against private employers on the right to petition in the Tennessee Constitution. Accordingly, we reverse the Court of Appeals and affirm the trial court’s dismissal of the plaintiff’s complaint.