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Retaliation for Opposing or Refusing to Participate in Illegal Activities

Nashville Employment Attorney Fighting Against Workplace Retaliation Retaliation for Opposing or Refusing to Participate in Illegal Activities

You have worked hard for your employer for years, but recently you have noticed illegal acts being committed by the company. You are uncomfortable taking part but you are also worried about being fired if you speak up. Doing the right thing takes courage. Workplace whistleblowing is a difficult situation and you need to fight back by knowing your legal rights. Nashville Employment Lawyer Curt Masker is a graduate of Vanderbilt Law School who has significant experience representing workers in workplace retaliation cases.

The Tennessee Public Protection Act (TPPA) makes it unlawful to terminate employees who refuse to (1) remain silent about illegal activities (i.e., whistleblowing) or (2) participate in such illegal activities. “Illegal activities” means activities that violate federal or state criminal or civil laws or any regulation meant to protect public health, safety or welfare. Tenn. Code Ann. § 50-1-304(a)(3). The TPPA covers all employers regardless of the employer’s size (unlike some other Tennessee employment laws that only apply to employers with at least eight employees). When enacted in 2014, the TPPA eliminated common law retaliatory discharge in Tennessee.

Examples of potential TPPA violations include an employee being terminated after:

  • Refusing to violate OSHA safety rules
  • Reporting abuse of nursing home patients to a state agency
  • Raising red flags about fraudulent billing
Proving a TPPA Claim

A worker who asserts a claim under the TPPA must establish that: (1) he was an employee of the defendant; (2) he refused to participate in or remain silent about "illegal activities" as defined by the statute; (3) he was terminated; and (4) an exclusive causal relationship existed between his refusal to participate in or remain silent about illegal activities and his termination. Richmond v. Vanguard Healthcare Servs., LLC, No. M2014-02461-COA-R3-CV, 2016 Tenn. App. LEXIS 66, at *13-15 (Ct. App. Jan. 29, 2016).

Tennessee’s Weak Whistleblower Law

Unfortunately, the Tennessee legislature consistently favors employers and corporations over workers and, as a result, the TPPA is notoriously employer friendly for several reasons. The TPPA requires whistleblowers to report the illegal activities to someone other than the alleged wrongdoer. Haynes v. Formac Stables, Inc., 463 S.W.3d 34, 40 (Tenn. 2015). This may require reporting to someone outside of the company in many situations, including where the wrongdoer and owner are the same person.

Worse still, a plaintiff’s refusal to remain silent or refusal to participate in illegal activities must be the “sole reason” for the plaintiff’s termination. Tenn. Code Ann. § 50-1-304(3)(b). This is a very difficult legal standard to meet because minor workplace issues such as disagreements or tardiness may preclude recovery. This sole reason standard has the practical effect of making the TPPA’s protections unavailable to most hard working Tennesseans who do the right thing by reporting wrongdoing.

If you are unhappy about Tennessee’s weak protections for whistleblowers under the TPPA, you can call or write your state legislators. That said, do not be discouraged by the weak TPPA: other federal or state laws may protect you depending on your specific circumstances.

Contact a Nashville Retaliation Attorney Today

Whistleblowing takes courage. Protect your livelihood by knowing your legal rights. Take action now by speaking with Nashville-based Employment Lawyer Curt Masker at 866-931-0146 or email him for an online case review.

Client Reviews
Curt worked diligently and maintained excellent communication with my case. He made sure to keep us updated about any and everything. I highly recommend the Masker Firm. Would give more stars if possible. Jeffrey
Curt really came through for me when a previous employer had reported my job title and hire dates incorrectly, he got it corrected within 12 hours of speaking to him about it! I would recommend him for any of your legal needs as he is quite efficient! Renee
Curt was very responsive from the beginning. He made it a very easy process, and he provided excellent guidance in the review of my severance agreement. Due, in part, to Curt's thoughtful suggestions in regards to changing some key language in the agreement that would protect both me and my former employer, they agreed to the changes. To protect yourself during job transition, a review of a severance agreement is a smart thing to do, and Curt will do an excellent job on your behalf. Thomas
Curt handled a case for me and did an unbelievable job in getting a resolution and a great settlement. I would highly recommend him to anyone. Teena