TBA Law Blog


Posted by: Stacey Shrader Joslin on Mar 27, 2025

The Tennessee Supreme Court has held that Tennessee law does not prohibit a private employer from firing an employee for exercising the right to petition the government. In 2021, BlueCross BlueShield of Tennessee directed all employees to receive the COVID vaccine. One employee, Heather Smith, chose not to receive the vaccine. When Smith wrote to members of the state legislature to express her concern with the mandate, the company warned that the communication violated policy. When she sent a second email, the company terminated her. Smith then filed suit alleging that the company violated her right to petition the government under the Tennessee Constitution. The trial court dismissed the suit, but the Court of Appeals reversed. The Tennessee Supreme Court found that the state constitution’s protection of the right is enforceable only against the government, not private actors. Justice Sarah Campbell concurred but wrote a separate opinion. Read more in a press release or read the opinions.