Law and actions for work place retaliatory discharge
Full Question:
Law and actions for work place retaliatory discharge
12/20/2007 |
Category: Employment |
State: Tennessee |
#14200
Answer:
The following is a Tennessee statute:
50-1-304. Discharge for refusal to participate in or
remain silent about illegal activities, or for legal use of
agricultural product — Damages — Frivolous
lawsuits.
(a) No employee shall be discharged or terminated solely for
refusing to participate in, or for refusing to remain silent
about, illegal activities.
(b) In addition to all employees in private employment, the
provisions of this section shall apply to all employees who
receive compensation from the federal government for services
performed for the federal government, notwithstanding that
such persons are not full-time employees of the federal
government.
(c) As used in this section, "illegal activities" means
activities that are in violation of the criminal or civil code
of this state or the United States or any regulation intended
to protect the public health, safety or welfare.
(d)
(1) Any employee terminated in violation of
subsection (a) shall have a cause of action against the
employer for retaliatory discharge and any other damages to
which the employee may be entitled.
(2) Any employee terminated in violation of subsection (a)
solely for refusing to participate in, or for refusing to
remain silent about, illegal activities who prevails in a
cause of action against an employer for retaliatory discharge
for such actions shall be entitled to recover reasonable
attorney fees and costs.
(e)
(1) No employee shall be discharged or terminated solely
for participating or engaging in the use of an agricultural
product not regulated by the alcoholic beverage commission
that is not otherwise proscribed by law, if such employee
participates or engages in such use in a manner that complies
with all applicable employer policies regarding such use
during times at which such employee is working.
(2) No employee shall be discharged or terminated solely for
participating or engaging in the use of such product not
regulated by the alcoholic beverage commission that is not
otherwise proscribed by law if such employee participates or
engages in such activity during times when such employee is
not working.
(f)
(1) This section shall not be used for frivolous
lawsuits, and anyone trying to do so is subject to sanction as
provided in subdivision (f)(2).
(2) If any employee files a cause of action for retaliatory
discharge for any improper purpose, such as to harass or to
cause needless increase in costs to the employer, the court,
upon motion or upon its own initiative, shall impose upon the
employee an appropriate sanction, which may include an order
to pay the other party or parties the amount of reasonable
expenses incurred, including reasonable attorney's fee.
(g) As used in this section:
(1) "Employee" includes an employee of the state, or any
municipality, county, department, board, commission, agency,
instrumentality, political subdivision or any other entity
thereof; and
(2) "Employer" includes also the state, or any municipality,
county, department, board, commission, agency,
instrumentality, political subdivision or any other entity
thereof.