The Tennessee Supreme Court has ruled in favor of BlueCross BlueShield of Tennessee, Inc. in a case brought by former employee Heather Smith. Smith was terminated after raising concerns about the company’s mandatory COVID-19 vaccination policy to state legislators. The court's decision confirms that while individuals have the right to petition the government, private employers are not obligated to protect employment in such cases, according to the Administrative Office of the Courts.
During the 2021 COVID-19 pandemic, Smith opposed her employer’s vaccination mandate and contacted government officials to express her views. BlueCross warned her that this violated company policy, but she continued sending emails and was eventually terminated. The court ruled in favor of the company, stating, "For hundreds of years, the constitutional right to petition has been considered a bulwark against government oppression, not a constraint on private parties," as reported by the Administrative Office of the Courts.
The Tennessee Supreme Court has upheld the trial court’s dismissal of Smith’s lawsuit, reversing the Court of Appeals' decision. The ruling clarifies the distinction between public and private sector retaliation in the legal interpretation of the right to petition. Justice Sarah Campbell concurred but wrote a separate opinion, stating, "The legislature is better suited than the Court to create public-policy exceptions to the employment-at-will doctrine." The decision sets a legal precedent for similar cases in Tennessee, as stated by te Administrative Office of the Courts.
