Heather Smith v. BlueCross BlueShield of Tennessee
This case addresses whether the right to petition in the Tennessee Constitution is enforceable against private parties and can form the basis for a "public policy" exception to the employment-at-will doctrine. The plaintiff, Heather Smith, an at-will employee, was terminated by BlueCross BlueShield of Tennessee after emailing legislators to express grievances about her employer's COVID-19 vaccination mandate. The Supreme Court of Tennessee held that Article I, Section 23 of the Tennessee Constitution, which grants the right to petition, is enforceable only against governmental entities, not private actors. Therefore, private employers do not violate clear public policy by terminating employees for exercising this right, and at-will employees cannot base retaliatory discharge claims against private employers on this constitutional provision. The Court reversed the Court of Appeals' decision and affirmed the trial court's dismissal of Smith's complaint.