Retaliation Cases

In this wrongful dismissal case, Sonya Brooks ("Brooks") sued her former employer Roane County and county officials Ron Woody and Gloria Wright ("Defendants"). In a March 9, 2017 order, the Circuit Court for Roane County ("the Trial Court") dismissed Brooks' lawsuit against Defendants with prejudice. The Trial Court reserved taxation of costs for a later date. Brooks filed a notice of appeal on January 10, 2018. Defendants argue that Brooks' appeal was filed untimely. Brooks contends that the March 9, 2017 order was not final and appealable because it reserved the issue of costs. We hold that, in keeping with longstanding Tennessee case law, taxation of costs is incidental and not a factor in determining whether a judgment is final. As Brooks' notice of appeal was not filed timely, we are constrained to dismiss her appeal for lack of jurisdiction.

Summary judgment in favor of appellees on appellant's claim for retaliatory discharge is warranted where appellant has not demonstrated a genuine issue of material fact regarding whether appellees' proffered legitimate reason for the adverse employment action is mere pretext.

This is a retaliatory discharge claim brought by an employee against his employer, alleging he was fired in retaliation for claiming workers' compensation benefits. The trial court ruled in favor of the employee, finding that the employee had made a prima facie showing that his termination was in retaliation for his claim for workers' compensation benefits. The trial court also found that the employee established the employer's stated non-discriminatory reason was pretext. Because the record does not reflect that the trial court exercised its own independent judgment, we vacate and remand for proceedings consistent with this opinion.

discrimination, disability, employment, admission of evidence, manifest weight, failure to object, plain error, jury instructions

This interlocutory appeal involves a complaint for damages under the Public Employee Political Freedom Act. The chancery court transferred the case to circuit court after determining that only unliquidated damages were "available" under the statute. We conclude that the complaint failed to allege any liquidated damages. As such, the chancery court correctly determined that it lacked subject matter jurisdiction to adjudicate this case. The trial court's decision to transfer this case to circuit court is therefore affirmed.

Court lacked subject-matter jurisdiction of age discrimination claim against school board where employee elected to file OCRC charge tortious violation of rights not recognized claim under Ohio law employee failed to submit proper evidence to support disability discrimination claim employee failed to make prima facie case of retaliation conduct supporting IIED claim not sufficiently extreme and outrageous no abuse of discretion in affirming termination under R.C. 3319.16.

The Appellant, Dinnie Merel Robertson, was convicted in the Lawrence County Circuit Court in case number 31906 of two counts of felony vandalism, carrying a firearm with the intent to go armed, and misdemeanor reckless endangerment. Subsequently, he pled guilty in the Lawrence County Circuit Court in case number 33049 to two counts of retaliation for past action. The Appellant received an effective four-year sentence in case number 31906 and an effective two-year sentence in case number 33049 to be served consecutively as ten months in confinement followed by supervised probation. The Appellant then was convicted in the Lawrence County Circuit Court in case number 33414 of selling one-half gram or more of methamphetamine and selling Clonazepam and received an effective ten-year sentence to be served in confinement and consecutively to the effective six-year sentence. The trial court also revoked the Appellant's probation in case numbers 31906 and 33049 and ordered that he serve his sentences in those cases in confinement. In this consolidated appeal, the Appellant contends that the evidence is insufficient to support his convictions in case number 33414, that the trial court erred by ordering that he serve his effective ten-year sentence in that case consecutively to his prior sentences, and that the trial court erred by denying his request for probation. He also contends that the trial court erred by revoking his probation in case numbers 31906 and 33049 and ordering that he serve those sentences in confinement. Based upon the record and the parties' briefs, we affirm the judgments of the trial court but remand the case for correction of the judgments.

summary judgment – gender discrimination – legitimate business reason – pretext – retaliation – judgment based on arguments not asserted