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Jennifer King v. Delfasco, LLC

Tenn. Ct. App.September 22, 2021No. E2020-01038-COA-R3-CV
Plaintiff WinDelfasco, LLC
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Case Details

Judge(s)
Judge D. Michael Swiney
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal from trial court judgment

Related Laws

No specific laws identified for this ruling.

Outcome

Jennifer King won her wrongful discharge claim under the Tennessee Public Protection Act after being fired for refusing to share her DOD password with her employer. The trial court awarded damages, which were upheld on appeal.

Excerpt

This appeal concerns an alleged violation of Tenn. Code Ann. § 50-1-304, the Tennessee Public Protection Act ("TPPA"), as well as common law retaliatory discharge. Jennifer King ("King"), a former shipping and receiving coordinator for Delfasco, LLC, a company that manufactures defense-related products, sued Delfasco, LLC and related entity Delfasco Finance, LLC ("Delfasco" collectively) in the Circuit Court for Greene County ("the Trial Court") alleging she was wrongfully fired for refusing to share with Delfasco owner Jack Goldenberg ("Goldenberg") her government-issued password to the Department of Defense ("DOD") Wide Area Workflow ("WAWF") system. King had consulted a DOD representative who advised her not to reveal her password. After a trial, the Trial Court found in favor of King and awarded her damages. Delfasco appeals, arguing among other things that King was not asked to perform an illegal act. King raises her own issues concerning damages. We find, inter alia, that the evidence does not preponderate against the Trial Court's factual findings, and we leave undisturbed the Trial Court's credibility determinations.

What This Ruling Means

**What Happened** Jennifer King worked as a shipping and receiving coordinator for Delfasco, a company that makes defense-related products. King had a Department of Defense (DOD) password that gave her access to secure government systems. Her employer asked her to share this password with them, but King refused. The company then fired her. King sued, claiming she was wrongfully terminated for refusing to do something that would violate federal security rules. **What the Court Decided** The Tennessee appeals court ruled in King's favor. The court found that King was protected under the Tennessee Public Protection Act, which shields employees from being fired for refusing to break the law. Since sharing DOD security passwords would violate federal regulations, King had the right to refuse her employer's request. The trial court's decision to award damages to King was upheld. **Why This Matters for Workers** This ruling reinforces that Tennessee workers cannot be legally fired for refusing to do something illegal, even if their boss demands it. If your employer asks you to violate laws or regulations—especially security or safety rules—you have legal protection against retaliation. Workers should know they can stand up to illegal requests without losing their job protection under state law.

This summary was generated to explain the ruling in plain English and is not legal advice.

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