Sinclair v. State of TN
Daniel L. Sinclair, a former Associate Director for Facilities Maintenance at Middle Tennessee State University (MTSU), appealed the dismissal of his whistleblower claim against the State of Tennessee. Sinclair alleged he was terminated in 1993 for reporting safety violations by his supervisor regarding asbestos removal, subsequently filing a claim under Tennessee's whistleblower statute (Tennessee Code Annotated § 50-1-304). The Tennessee Claims Commission initially dismissed the whistleblower claim for lack of subject matter jurisdiction, reasoning that the statute did not explicitly apply to the State and citing the doctrine of sovereign immunity, which protects the State from suit without express legislative authorization. Although the whistleblower statute was amended in 1997 to include state employees within its definition of 'employers,' both the Claims Commission and the Court of Appeals held that this amendment was not retroactive. The appellate court affirmed the dismissal, concluding that the whistleblower statute, as it existed at the time of Sinclair's termination, was not intended to apply to the State, and the subsequent 1997 amendment could not be applied retroactively as it would disturb vested rights, thereby upholding the lack of subject matter jurisdiction.