A New Avenue for Retaliatory Discharge Claims

One of the numerous exceptions to the doctrine of at-will employment in Tennessee is the tort of retaliatory discharge. The four elements of a retaliatory discharge claim are: 1) an employment-at-will relationship with the employee; 2) the discharge of the employee; 3) the discharge resulted from the employee's attempt to exercise a statutory or constitutional right, or for some other reason that violates a 'clear public policy evidenced by an unambiguous constitutional, statutory, or regulatory provision'; and 4) the employee's exercise of
protected rights or compliance with a clear public policy was a substantial factor in the employer's decision to terminate the employee. Crews v. Buckman Labs. Int'l, Inc., 78 S.W.3d 852, 857 (Tenn. 2002). The third element is often the most difficult for employees to establish; after all, who knows what a 'clear public policy evidenced by an unambiguous constitutional, statutory, or regulatory provision' is, anyway?