Wrongful Termination Cases

FMLA interference, FMLA retaliation, admission of evidence, Evid.R. 408, reviewing court, jury demand, jury waiver

Former employee of the City of Lewisburg brought an action pursuant to the Tennessee Human Rights Act challenging his termination. The trial court held a bench trial and, a year and a half later, entered a Memorandum Opinion and Order, finding in favor of defendant and dismissing the action. The judge who tried the case retired shortly thereafter. Five months later, the employee filed a motion under Tennessee Rule of Civil Procedure 60.02, seeking to have the order dismissing the complaint set aside on the grounds that his counsel did not receive the order dismissing the case and that, because the order did not comply with Rule 58, it was not a final order. The motion was heard by a new judge, who ruled that the order substantially complied with Rule 58 and was therefore an effective, final order. The employee appeals. Upon our review, we determine that the order dismissing the case did not comply with Rule 58 and was not a final order. Accordingly, we vacate the judgment and remand the case for entry of a final order that complies with Rule 58.

A City of Memphis firefighter was terminated based on alleged off-duty misconduct. The firefighter appealed his termination to the Civil Service Commission. After a hearing, the Civil Service Commission issued a decision recommending that the firefighter be restored to his previous position with full back pay and benefits. The City restored the firefighter to his previous rank and position but refused to pay the back pay and benefits owed. As a consequence, the firefighter filed a verified petition in chancery court to enforce the Civil Service Commission's decision to which the City filed an answer without raising any affirmative defenses. Thereafter, the firefighter filed a properly-supported motion for summary judgment along with a statement of undisputed facts. Because the City did not file a response to the motion or the statement of undisputed facts as required by Tenn. R. Civ. P. 56, and the undisputed facts established that the firefighter was entitled to judgment as a matter of law, the trial court granted the motion for summary judgment. The trial court also awarded post-judgment interest from the date of the trial court's order granting summary judgment but not from the date of the Civil Service Commission's decision as requested by the firefighter. Both parties appealed. We affirm the grant of summary judgment but reverse and remand for a calculation of post-judgment interest from the date of the Civil Service Commission's decision.

unemployment compensation—just cause—fault

Discharge from employment Office of Administrative Hearings notice of appeal proof of filing exhaust administrative remedies DPS form HR 556 inconsistent instructions.

defamation, malicious prosecution, intentional infliction of emotional distress, whistleblower, R.C. 4113.52, statutory immunity, R.C. 2744.03, motion for summary judgment, genuine issue of material fact

gender discrimination, at-will employee, similarly situated, union member, relevant similarity, burden-shifting, circumstantial evidence, comparator

This is the second appeal of this wrongful termination of employment case. Appellant/Employee appeals the amount of post judgment interest awarded. Because the trial court's order does not comply with Tennessee Rule of Civil Procedure 52.01, we cannot conduct a meaningful review. As such, we vacate and remand.

Relator's request for a writ of mandamus is denied as relator has not established a clear legal right to have her State Employment Relation's Board issue a probable cause finding on her unfair labor practice charge or a clear legal duty on the part of SERB to do so. Writ denied.