as a Whistleblower

Tennessee’s whistleblower laws are complex.  Generally, an employer cannot fire an employee for refusing to engage in illegal activities or for reporting those activities.  There are other laws that prohibit retaliation against an employee for engaging in “protected activities.”  Knowing what is and is not a protected activity is key to determining whether the retaliation is either unlawful.

Most protected activities are anything that the law says the employee has a right to do. Examples of this include, reporting for jury duty, reporting unsafe or illegal work conditions, making a claim for worker’s compensation or complaining about unlawful workplace discrimination or harassment. There are other examples of what can constitute a protected activity, but these are some of the most common.

Once an employee has engaged in protected activity, that employee has a protected status. This status is not the same as saying the employee is 10 feet tall and bullet proof, but the employer is wise to take special precautions with an employee who has engaged in this sort of activity. On the flip side, an employee who has engaged in a protected activity needs to ensure that her work and conduct is above reproach because she has to expect to be scrutinized.