At page 121 Analyzing limitations periods for human rights claims32 citing cases“provide for execution of the policies embodied in the federal civil rights acts.”
- Mitch Goree v. United Parcel Serv., Inc., 490 S.W.3d 413 (Tenn. Ct. App. 2015).publishedAccordingly, “it is appropriate to examine federal law when analyzing issues under the Tennessee Human Rights Act.” Weber v. Moses, 938 S.W.2d 387, 390 (Tenn.1996) (citing Bennett v. Steiner-Liff Iron & Metal Co., 826 S.W.2d 119, 121 (Tenn…
- George R. Vraney, M.D. v. Med. Specialty Clinic, P.A., No. W2012-02144-COA-R3-CV, 2013 WL 4806902 (Tenn. Ct. App. Sept. 9, 2013).publishedEffect of Dr. Vraney’s March 30, 2007 “Notice” “The supreme court since Little [v. Federal Container Corp., 452 S.W.2d 875 (Tenn. 1970)] has noted that ‘a contract of employment for a definite term may not be terminated before the end of t…
- Davis v. Marshall Cnty. Ambulance Servs., 913 F. Supp. 2d 545 (M.D. Tenn. 2012).publishedTennessee’s at-will employment doctrine “has long recognized ... the mutual right of either party to terminate such a relationship with or without cause.” Brown , at 721; Bennett v. Steiner-Liff Iron and Metal Co., 826 S.W.2d 119, 121 (Ten…
- Carol Petschonek v. The Catholic Diocese of Memphis, No. W2011-02216-COA-R9-CV (Tenn. Ct. App. May 23, 2012).published“without a clear contract under which such rights may vest, employees in this State possess no property right in their employment”
- Chavez v. Broadway Elec. Serv. Corp., 245 S.W.3d 398 (Tenn. Ct. App. 2007).published “has been a part of Tennessee’s common-law legal tapestry for more than a century”
- Brennan v. Tractor Supply Co., 237 F. App'x 9 (6th Cir. 2007).unpublishedSee Tenn.Code Ann. § 4-21-101(a)(1); Bennett v. Steiner-Liff Iron & Metal Co., 826 S.W.2d 119, 121 (Tenn.1992); Campbell v. Fla. Steel Corp., 919 S.W.2d 26, 31 (Tenn.1996).
- Parker v. Warren Cnty. Util. Dist., 2 S.W.3d 170 (Tenn. 1999).publishedIn Carr , we recognized that our legislature had intended the THRA “to be coextensive with federal law.” Id. at 834-35 citing Bennett v. Steiner-Liff Iron & Metal Co., 826 S.W.2d 119, 121 (Tenn.1992); Tenn. Code Ann. § 4-21-101 (a)(l) (199…
- Alexander v. Sandpiper Props., No. 03A01-9804-CH-00125 (Tenn. Ct. App. Feb. 24, 1999).publishedForrester v. Stockstill, 869 S.W.2d 328, 330 (Tenn. 1994); Bennett v. Steiner- Liff and Metal Co., 826 S.W.2d 119, 121 (Tenn. 1992); Loeffler v. Kjellgren, 884 S.W.2d 463, 468 (Tenn.App. 1994); Brock v. Provident Life and Accident Ins.
- Phillips v. Interstate Hotels Corp., 974 S.W.2d 680 (Tenn. 1998).published Bennett v. Steiner-Liff Iron and Metal Co., 826 S.W.2d 119, 121 (Tenn. 1992) (citing Tenn.Code Ann. § 4-21-101(a)(1) (1991) (stating purpose and intent of general assembly was to “provide for execution of the policies embodied in the Feder…
- Kelly Carter v. United Parcel Serv., No. 01S01-9605-FD-00090 (Tenn. Oct. 27, 1997).publishedBennett v. Steiner-Liff Iron and Metal Co., 826 S.W.2d 119, 121 (Tenn. 1992) (citing Tenn. Code Ann. § 4-21-101 (a)(1) (1991 Repl.) (stating purpose and intent of general assembly was to “provide for execution of the policies embodied in t…
Show 22 more citing cases
- Carr v. United Parcel Serv., 955 S.W.2d 832 (Tenn. 1997).publishedBennett v. Steiner-Liff Iron and Metal Co., 826 S.W.2d 119, 121 (Tenn.1992) (citing Tenn.Code Ann. § 4-21-101(a)(1) (1991 Repl.) (stating pur *835 pose and intent of general assembly was to “provide for execution of the policies embodied i…
- Abou-Sakher v. Humphreys Cnty., 955 S.W.2d 65 (Tenn. Ct. App. 1997).publishedForrester v. Stockstill, 869 S.W.2d 328, 330 (Tenn.1994); Bennett v. Steiner-Liff Iron and Metal Co., 826 S.W.2d 119, 121 (Tenn.1992).
- Weber v. Moses, 938 S.W.2d 387 (Tenn. 1996).publishedBennett v. Steiner-Liff Iron and Metal Co., 826 S.W.2d 119, 121 (Tenn.1992).
- Spicer v. Beaman Bottling Co., 937 S.W.2d 884 (Tenn. 1996).published Tenn.Code Ann. § 4-21-101(a)(1) (1991 Repl.); Bennett v. Steiner-Liff Iron and Metal Co., 826 S.W.2d 119, 121 (Tenn.1992).
- Burnett v. Tyco Corp., 932 F. Supp. 1039 (W.D. Tenn. 1996).published This purpose was reiterated by the Tennessee Supreme Court in Bennett v. Steiner-Liff Iron and Metal Co., 826 S.W.2d 119, 121 (Tenn.1992).
- Campbell v. Florida Steel Corp., 919 S.W.2d 26 (Tenn. 1996).publishedTenn.Code Ann. § 4-21-101(a)(1) (1991 Repl.); Bennett v. Steiner-Liff Iron & Metal Co., 826 S.W.2d 119, 121 (Tenn.1992).
- Int'l Union, United Auto., Aerospace & Agric. Implement Workers Of Am., Local 737 v. Auto Glass Employees Fed. Credit Union, 72 F.3d 1243 (6th Cir. 1996).publishedSee Gregory v. Hunt, 24 F.3d 781, 785-86 (6th Cir.1994); Bennett v. Steiner-Liff Iron and Metal Co., 826 S.W.2d 119, 121 (Tenn.1992); Graves v. Anchor Wire Corp. of Tennessee, 692 S.W.2d 420, 421-22 (Tenn.App.1985).
- Int'l Union, United Auto., Aerospace & Agric. Implement Workers, Local 737 v. Auto Glass Employees Fed. Credit Union, 72 F.3d 1243 (6th Cir. 1996).publishedSee Gregory v. Hunt, 24 F.3d 781, 785-86 (6th Cir.1994); Bennett v. Steiner-Liff Iron and Metal Co., 826 S.W.2d 119, 121 (Tenn.1992); Graves v. Anchor Wire Corp. of Tennessee, 692 S.W.2d 420, 421-22 (Tenn.App.1985).
- Gregory v. Hunt, 24 F.3d 781 (6th Cir. 1994).publishedBennett v. Steiner-Liff Iron and Metal Co., 826 S.W.2d 119, 121 (Tenn.1992) (citations omitted).
- Donald v. Hunt, 24 F.3d 781 (6th Cir. 1994).publishedWe know of no court decision, nor have we been referred to one, which holds that an employee has a contractual right under the employment at-will doctrine. 15 Bennett v. Steiner-Liff Iron and Metal Co., 826 S.W.2d 119, 121 (Tenn.1992) (cit…
- Forrester v. Stockstill, 869 S.W.2d 328 (Tenn. 1994).published“We know of no court decision, nor have we been referred to one, which holds that an employee has a contractual right [to continued employment] under the employment at-will doctrine”
- Eason v. Memphis Light, Gas & Water Div., 866 S.W.2d 952 (Tenn. Ct. App. 1993).publishedBennett v. Steiner-Liff Iron & Metal Co., 826 S.W.2d 119, 121 (Tenn.1992); Hoge v. Roy H.
- Dan Hampton v. Macon Cnty. Bd. of Educ., No. M2013-00864-COA-R3-CV, 2014 WL 107971 (Tenn. Ct. App. Jan. 10, 2014).publishedSee Bennett v. Steiner- Liff Iron and Metal Co., 826 S.W.2d 119, 121 (Tenn. 1992).
- Cantrell v. Knox Cnty. Bd. of Educ., 53 S.W.3d 659 (Tenn. 2001).publishedSee Bennett v. Steiner-Liff Iron and Metal Co., 826 S.W.2d 119, 121 (Tenn.1992).
- Cora Cantrell v. Knox Cnty. Bd of Ed., No. E1999-01557-SC-R11-CV (Tenn. June 14, 2001).publishedSee Bennett v. Steiner-Liff Iron and Metal Co., 826 S.W.2d 119, 121 (Tenn. 1992).
- Soletro v. Nat'l Fed'n of Indep. Bus., 130 F. Supp. 2d 906 (N.D. Ohio 2001).publishedSee Bennett v. Steiner-Liff Iron and Metal Co., 826 S.W.2d 119, 121 (Tenn.1992); Graves v. Anchor Wire Corp. of Tenn., 692 S.W.2d 420, 422 (Tenn.Ct.App.1985).
- Thompson v. Telco, No. 01A01-9801-CH-00045 (Tenn. Ct. App. July 29, 1999).published See Bennett v. Steiner- Liff Iron & Metal Co., 826 S.W.2d 119, 121 (Tenn. 1992).
- Nordahl v. Studer Revox Am., Inc., 78 F.3d 585 (6th Cir. 1996).unpublishedSee Bennett v. Steiner-Liff Iron & Metal, 826 S.W.2d 119, 121 (Tenn.1992); Headrick v. Union Carbide Corp., 825 S.W.2d 424, 426 (Tenn.Ct.App.1991); Brooks v. Philips Consumer Electronics Co., No. 03A01-9501-CV-00035, 1995 WL 416955 at * 4…
- Foster v. Forest Hill Dairy, 28 F.3d 1213 (6th Cir. 1994).unpublishedSee Bennett v. Steiner-Liff Iron & Metal Co., 826 S.W.2d 119, 121 (Tenn.1992).
- Knox Cnty. Ex Rel. Env't Termite & Pest Control, Inc. v. Arrow Exterminators, Inc., 350 S.W.3d 511 (Tenn. 2011).published(stating that the General Assembly intended the Tennessee Human Rights Act to "provide for the execution of the policies embodied in the federal civil rights acts of 1964, 1968, and 1972)
- Booker v. the Boeing Co., 188 S.W.3d 639 (Tenn. 2006).publishedSee Spicer, 937 S.W.2d at 890 n. 6; see also Bennett v. Steiner-Liff Iron & Metal Co., 826 S.W.2d 119, 121 (Tenn.1992).
- Crews v. Buckman Labs. Int'l, Inc., 78 S.W.3d 852 (Tenn. 2002).publishedSee, e.g., Bennett v. Steiner-Liff Iron & Metal Co., 826 S.W.2d 119, 121 (Tenn.1992).
v.
STEINER-LIFF IRON AND METAL COMPANY, Defendant/Appellee
OPINION
O’BRIEN, Justice.The plaintiff, Nancy Bennett, was an employee of Steiner-Liff Iron and Metal Company, Inc., in Nashville, Tennessee. She had been employed by defendant for approximately seven (7) months when she voluntarily resigned on 28 January 1987. On 4 February 1987 she filed a charge of discrimination with the Tennessee Human Rights Commission and the Federal Equal Employment Opportunity Commission. The particulars of the complaint were that she was forced to resign her position as dispatcher (constructively discharged). She charged she was discriminated against because of her sex (female) for a number of reasons specifically set out in the charge of discrimination. Her complaint lay dormant until 9 March 1988. No action was taken on it by the Tennessee Human Rights Commission or the Equal Employment Opportunity Commission until the latter agency issued a notice of right to sue, at Ms. Bennett’s request, on 9 March 1988. On 2 May 1988 a suit was filed by Ms. Bennett in the United States District Court for the Middle District of Tennessee against Steiner-Liff charging employment discrimination because of her sex and for bringing about her constructive discharge in a retaliatory fashion in violation of Title VII to the Civil Rights Act of 1964. The complaint included a State Pendent Claim for the same practices and policies in violation of T.C.A. § 4-21-401, under the provisions of the Tennessee Human Rights Act. On 22 May 1989 the district court judge dismissed the Pendent State Claims for various reasons he set forth in an attached memorandum. On 18 July 1989 this suit was brought by Ms. Bennett in chancery court, charging defendant had violated her rights by employment discrimination because of her sex, in violation of the Human Rights Act, T.C.A. § 4-21-401 and for bringing about her constructive discharge in a retaliatory fashion in violation of T.C.A. § 4-21-301. On 16 October 1989 on motion to dismiss filed by the defendant, briefs, arguments of counsel, and the entire record the trial court found that plaintiff's claim of discrimination based upon the Tennessee Human Rights Act was filed as a direct action as set forth in T.C.A. § 4-21-311, and was barred by the one-year limitation period contained in T.C.A. § 28-3-104. He also found that the claim of constructive retaliatory discharge was likewise barred by T.C.A. § 28-3-104 and, in view of that, it was unnecessary to consider whether plaintiff’s common-law claim of constructive retaliatory discharge stated a claim under Tennessee law. The action was dismissed and appeal was taken to the Court of Appeals by the plaintiff.
The Court of Appeals found that Ms. Bennett elected to pursue her State claims through the Tennessee Human Rights Commission under the auspices of T.C.A.[*121] § 4-21-302 as opposed to direct action in chancery court under T.C.A. § 4-21-311. The court concluded if plaintiff had intended to pursue the complaint before the commission, 180 days after filing the complaint she could have asked the chancery court to direct the commission to schedule a hearing. T.C.A. § 4-21-307(c). Or she could have proceeded to file a direct action in the chancery court within a year of the time the cause of action accrued. It concluded that since plaintiff did neither and elected to pursue her claim through the federal court she had abandoned any rights she might have had before the commission.
It further found that, since the action in federal court was filed more than one (1) year after plaintiffs cause of action accrued, plaintiff’s right to proceed by direct action on the claim in the State court for a violation of the Tennessee Human Rights Act had lapsed. It affirmed the judgment of the trial court in dismissing the claim under the Tennessee Human Rights Act.
In reference to the retaliatory discharge claim the Court of Appeals expressed the view that the legal distinction to be made between a cause of action for injuries to the person versus an action for injuries to property was important in the context of an action for a retaliatory discharge. It elected to consider that issue. It found that the damages sought by plaintiff for alleged retaliatory discharge were damages which accrued to her as a result of an interference with her status as an employee of the defendant, which was an interest created by contract. Thus, these were damages to her property which brought her claim within the three-year period of limitations set out in T.C.A. § 28-3-105. It reversed the dismissal of the claim alleging a cause of action for retaliatory discharge. The defendant below, Steiner-Liff Iron and Metal Company, has appealed that decision.
We agree with the Court of Appeals’ judgment affirming the dismissal of plaintiff's claim based on a violation of Tennessee Human Rights Act. We are of the opinion that court erred in reversing the dismissal of the claim alleging a cause of action for retaliatory discharge.
We have reviewed this record extensively. There is absolutely no evidence that Ms. Bennett was employed for a specific term, or that there was ever any formal contract of employment between her and the defendant. Insofar as this record shows she was an employee at will. See Chism v. Mid-South Milling Co., Inc., 762 S.W.2d 552, 553 (Tenn.1988). The employment at-will doctrine has been a part of Tennessee’s common-law legal tapestry for more than a century. The doctrine recognizes the concomitant right of either party to terminate such a relationship with or without cause. Chism, supra, p. 555. On the other hand a contract of employment for a definite term may not be terminated before the end of the term, except for good cause or by mutual agreement, unless the right to do so is reserved in the contract. Nelson Trabue, Inc. v. Professional Management-Automotive, Inc., 589 S.W.2d 661 (Tenn.1979). It is possible that some contractual right might accrue to an employee as the result of an unlawful termination of such a contract. However, without a clear contract under which such rights may vest, employees in this State possess no property right in their employment under the circumstances which we have at hand. We know of no court decision, nor have we been referred to one, which holds that an employee has a contractual right under the employment at-will doctrine.
Moreover, T.C.A. § 28-3-104 specifically holds that an action brought under the Federal Civil Rights statutes, shall be commenced within one (1) year after the cause of action accrues. Plaintiff filed her complaint charging a violation of T.C.A. § 4-21-101 and § 4-21-401. These statutes are an integral part of the Tennessee Human Rights Act. The stated purpose and intent of Title 4, Chapter 21, is to provide for execution within Tennessee of the policies embodied in the Federal Civil Rights Act; (§ 4-21-101(a)(l)). Nothing could be more clear. The one (1) year limitation period to initiate suit in T.C.A. § 28-3-104 applies.
[*122] The judgment of the Court of Appeals holding to the contrary is reversed. Its action in dismissing the plaintiffs claim based on a violation of the Tennessee Human Rights Act is affirmed. We concur in its judgment that the issue of whether plaintiff has stated a cause of action for a constructive retaliatory discharge should be pretermitted because it was not decided at the trial level.
The costs on this appeal are assessed against the plaintiff.
REID, C.J., and DROWOTA, DAUGHTREY and ANDERSON, JJ., concur.