IN THE CHANCERY COURT FOR HAMILTON COUNTY, TENNESSEE

HEATHER M. SMITH,

Plaintiff,
Docket No. = 21- 0° 13$
v.

Part
BLUECROSS BLUESHIELD OF
TENNESSEE, INC.

Defendant.

COMPLAINT FOR RETALIATORY DISCHARGE AND WRONGFUL

Heather M. Smith (" Ms. Smith") states the following as her complaint against Defendant

BlueCross BlueShield of Tennessee, Inc. (" BlueCross") for wrongfully retaliating against Ms.

Smith and terminating her employment because she contacted state legislators regarding pending

legislation.

INTRODUCTION

1. This case arises out of a giant " non- profit" corporation —with annual revenues in

excess of one billion dollars —terminating one of its employees for exercising her constitutional

right to communicate with state legislators. A citizen' s right and ability to contact government

officials, particularly legislators, is fundamental to the existence of a free and democratic society.

For that reason, it is a right enshrined in both the United States Constitution and the Constitution

of the State of Tennessee. In blatant violation of this long-established public policy, however,

BlueCross unabashedly terminated its employment of Plaintiff Heather Smith because she wrote

Tennessee General Assembly members regarding the legislative topic for which they had

convened in special session. This retaliation for communicating with the State General Assembly

2G21 DEC 20 PH 3: 02

cR
is contrary to public policy and constitutes a wrongful retaliatory termination for which

BlueCross is liable.

PARTIES, JURISDICTION, AND VENUE

2. Ms. Smith is an individual and is a resident and citizen of the State of Tennessee.

3. BlueCross is a Tennessee non-profit corporation with its principal office and

place of business in Hamilton County, Tennessee.

4. This Court has subject matter jurisdiction over this case because it involves a

claim for, among other things, liquidated damages arising out of a retaliatory discharge and

wrongful termination.

5. This Court has personal jurisdiction over Defendant BlueCross because

BlueCross' s principal office and place of business is located in Hamilton County, Tennessee.

6. Venue is proper in this Court pursuant to Tenn. Code Ann § 20- 4- 101 because

BlueCross is located and maintains its principal office in Hamilton County, Tennessee and

because BlueCross' s registered agent for service of process is located in Hamilton County,

Tennessee.

7. Venue is also proper in this Court pursuant to Tenn. Code Ann § 20- 4- 101

because Plaintiff's cause of action arose in Hamilton County, Tennessee as BlueCross conducted

and implemented its wrongful termination of and retaliation against Ms. Smith from BlueCross' s

principal office located in Hamilton County, Tennessee.

FACTUAL BACKGROUND

8. BlueCross is a Tennessee non-profit corporation engaged in the business of

providing health insurance to residents of Tennessee.

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 9. BlueCross has multiple offices across the state of Tennessee, but its headquarters

and principal office is located in Chattanooga, Tennessee, a city located within Hamilton County,

Tennessee.

10. BlueCross is also a contractor with the State of Tennessee and provides various

services to Tennessee citizens on behalf of the State of Tennessee.

11. Ms. Smith became an employee of BlueCross on January 27, 2014.

12. Ms. Smith was a good employee who had not received any disciplinary actions or

write-ups prior to the events from which this lawsuit arises.

13. On or about August 11, 2021, Ms. Smith was notified that BlueCross had

instituted a policy which required all of its public -facing employees to obtain the Covid- 19

vaccine.

14. Ms. Smith was not in a public -facing position.

15. Ms. Smith worked remotely from home and had minimal face-to-face interaction

with fellow -workers or the public in her capacity as a BlueCross employee.

16. In August of 2021, Ms. Smith reported to Director Allison Scripps (" Ms.

Scripps").

17. Despite Ms. Smith not being in a public -facing position, Ms. Scripps told Ms.

Smith that " as leaders, we are expected to follow the mandate."

18. BlueCross vice-president Clay Phillips also asserted that " we now have a

directive from our leadership team, and you need to accept it as such."

19. Ms. Smith sought to have her job position changed to avoid being considered —

wrongfully —a public facing employee.

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 20. BlueCross denied this request, despite having granted similar requests for other

employees.

21. On or about September 13, 2021, Ms. Smith was required to disclose her

vaccination status and submit any requests for religious accommodations relating to the vaccine

mandate that BlueCross was imposing.

22. Ms. Smith has sincerely held religious beliefs that prevent her from obtaining the

vaccine.

23. Ms. Smith timely submitted her request for a religious accommodation that would

allow her to continue working without obtaining the vaccine.

24. On or about September 27, 2021, BlueCross notified Ms. Smith that it could not

substantiate her religious accommodation request and was rejecting her religious accommodation

request except that she would be granted 30 additional days within which to obtain the vaccine.

25. The 30- day extension for obtaining the vaccine was not a legitimate

accommodation of Ms. Smith' s religious beliefs.

26. The 30-day extension was simply a short delay before requiring Ms. Smith to

violate her religious beliefs in order to keep her job at BlueCross.

27. On September 29, 2021, Ms. Smith contacted BlueCross to ask what information

BlueCross needed to substantiate her religious claim.

28. BlueCross responded that they did not need any more information and that they

would give her the benefit of the doubt.

29. BlueCross still only extended a 30-day extension to Ms. Smith for her to obtain

the vaccine.

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 30. BlueCross referred to the 30- day extension as an accommodation, but it did not

make any genuine attempt to provide Ms. Smith with an opportunity to continue working at

BlueCross without violating her religious beliefs.

31. Ms. Smith suggested another alternative for accommodation, but BlueCross

rejected that suggestion.

32. Ms. Smith requested an appeal, but Human Resources informed her that there was

no right of appeal.

33. Ms. Smith was given 4 days to decide whether to accept the extension which

BlueCross referred to as an accommodation.

34. Ms. Smith accepted the 30-day extension while lodging her complaints with the

framework and on the condition that it would not interfere with her right to take legal action.

35. Ms. Smith then applied for and obtained a new position from BlueCross which

was not subject to the vaccination requirement.

36. On or about October 29, 2021, Human Resources guaranteed Ms. Smith that her

new position was intentionally left off the list of positions which were subject to the vaccination

policy.

37. In the meantime, the Tennessee General Assembly convened a special session on

October 27, 2021 for the purpose of addressing Covid-related issues.

38. On October 27, 2021, Ms. Smith emailed Tennessee state legislators with her

concerns and grievances regarding vaccine mandates.

39. Ms. Smith' s email to the General Assembly members conveyed her thoughts and

requests for legislative action.

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 40.
On or about October 28, 2021, Tennessee State Representative John Ragan read

Ms. Smith' s email to the Covid- 19 Committee of the Tennessee Legislature.

41.
Upon information and belief, a member of the Tennessee General Assembly
forwarded Ms. Smith' s email to BlueCross.

42. On November 3, 2021, BlueCross informed Ms. Smith that her emails to the

lawmakers violated BlueCross' s social media policy.

44.
On November 4, 2021, Ms. Smith again emailed General Assembly members to

seek legislative protection for her individual liberties and rights relating to vaccine mandates.
45.
Ms. Smith' s email to the General Assembly specifically noted that " the words

and opinions expressed within this email are my own and they do not reflect the opinion/ views of

BlueCross BlueShield of Tennessee ( BCBST)."

46. Upon information and belief, a member of the General Assembly again forwarded
Ms. Smith' s email to BlueCross.

47. On November 5, 2021, BlueCross terminated Ms. Smith' s employment.

48. BlueCross terminated Ms. Smith' s employment because she had written to

members of the General Assembly.

49. BlueCross' s termination of Ms. Smith' s employment was in retaliation for Ms.

Smith exercising her constitutional right to contact her legislators.

50. BlueCross specifically advised Ms. Smith that it was terminating her employment

because of her email to General Assembly members.

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 51. BlueCross claimed that Ms. Smith' s email to the legislators violated BlueCross' s

social media policy.

COUNT I —RETALIATORY DISCHARGE AND WRONGFUL TERMINATION

52. All preceding allegations are adopted and incorporated by reference as if fully re-
instated herein.

53. The State of Tennessee has a strong public policy in favor of its citizens being

free to communicate with public officials.

54. The State of Tennessee has a strong public policy in favor of citizens being free to

communicate with members of the General Assembly.

55. The State of Tennessee has a strong public policy in favor of citizens being free to

communicate with the General Assembly regarding potential legislative matters.

56. The first Article of the Tennessee Constitution is a Declaration of Rights that

citizens of the State of Tennessee have.

57. Article I, Section 23 of the Tennessee Constitution states " That the citizens have a

right ... to instruct their representatives, and to apply to those invested with the powers of

government for redress of grievances, or other proper purposes, by address or remonstrance."

58. The First Amendment to the United States Constitution also recognizes " the right

of the people ... to petition the Government for a redress of grievances."

59. Ms. Smith has a constitutionally protected right to contact public officials.

60. Ms. Smith has a constitutionally protected right to contact State legislators.

61. Ms. Smith has a constitutionally protected right to contact State legislators

regarding potential legislative matters.

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 62. BlueCross terminated Ms. Smith for exercising her constitutionally protected
rights.

63. Employers may not discharge employees in retaliation for exercising

constitutional rights.

64. BlueCross' s termination of Ms. Smith' s employment was in violation of

Tennessee' s public policy.

65. Ms. Smith' s termination constituted unlawful retaliatory discharge.

66. Ms. Smith has been damaged as a proximate result of BlueCross' s wrongful

retaliatory discharge.

67. Ms. Smith' s damages include lost salary during the time that she was out of work.

68. Because Ms. Smith had been promised a raise beginning on November 15, 2021,

one portion of Ms. Smith' s lost salary should be computed through November 14, 2021 at the

daily salary rate she was receiving at the time of her termination.

69. Another portion of Ms. Smith' s lost salary should be computed for the period of

November 15, 2021 through November 28, 2021 ( the last date of Ms. Smith' s unemployment) at

the daily salary rate that Ms. Smith would have begun receiving at BlueCross on November 15,

2021.

70. Ms. Smith' s damages include lost benefits during the time that she was out of

work. This portion of her damages may be computed by multiplying her daily value of benefits

by the number of days she was out of work. As with her salary, her benefits were scheduled to
increase at BlueCross on November 15, 2021.

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 71. Ms. Smith' s damages also include a bonus lost by virtue of her termination. This

portion of her damages may be computed as 10% of Ms. Smith' s annual salary for each year of
damages.

72. Ms. Smith' s salary at her new job is less than the salary she had at BlueCross at

the time of her termination.

73. Ms. Smith' s damages also include the difference between her BlueCross salary

that was scheduled to begin on November 15, 2021 and the salary that she began receiving at her

new job on November 29, 2021. Ms. Smith alleges that she should be awarded this portion of

damages computed as the difference between the salaries on a yearly basis and multiplying that

difference by four.

74. Ms. Smith' s benefits at her new job are less in value than the benefits she received

and was scheduled to receive beginning November 15, 2021) at BlueCross, and thus, Ms.

Smith' s damages also include the difference between the value of her new benefits and the value

of the benefits she was supposed to receive at BlueCross beginning November 15, 2021. Ms.

Smith alleges that she should be awarded this portion of damages computed as the difference

between the value of benefits on a yearly basis and multiplying that difference by four.

75. Ms. Smith' s current lost salary damages are $ 10,500 per year.

76. Ms. Smith' s current lost PTO benefits are $ 2,906.51 per year.

77. Ms. Smith' s current lost Holiday PTO benefits are $ 1, 245. 65 per year.

78. Ms. Smith' s current lost 401k contributions are $ 4,420 per year.

79. Ms. Smith' s current lost RAP contributions are $ 3, 867. 50 per year.

80. Ms. Smith' s current lost HSA family contributions are $ 1, 000 per year.

81. Ms. Smith' s current lost medical insurance benefits are $ 5, 630.54 per year.

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 82.
Ms. Smith' s current lost dental insurance benefits $725. 36 per year.
83.
Ms. Smith' s current lost vision insurance benefits $35. 16 per year.
84. Ms. Smith has also sustained mental anguish and emotional damages as a result of

BlueCross' s wrongful and retaliatory termination of Ms. Smith' s employment.

85. BlueCross is liable to Ms. Smith for the damages Ms. Smith has sustained as a

result of BlueCross' wrongful retaliatory discharge.

86. BlueCross is also liable to Ms. Smith for punitive damages.

87. Ms. Smith is entitled to be reinstated to employment at BlueCross and to have her

disciplinary record cleared.

WHEREFORE, Plaintiff Heather M. Smith prays as follows:

A. That process issue and that the defendant be required to answer this complaint

within the time provided by the law;

B. That Plaintiff be awarded compensatory damages not to exceed $250,000;

C. That Plaintiff be awarded punitive damages in an amount equal to three times the

amount of compensatory damages awarded;

D. That BlueCross be ordered to reinstate Ms. Smith and to clear any negative

reports on her employment record relating to Ms. Smith' s communications with General

Assembly members;

E. That all costs be taxed to the defendant; and

F. That this Court provide Plaintiff with such other legal and equitable relief as the

Court deems appropriate.

This the 30th day of December, 2021.

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 Respectfully Submitted,

Law Office of Stephen S. Duggins

By:
St en S. u ins, # 13222)
8052 Standifer Gap Road, Suite B
Chattanooga, TN 37421
423/ 635- 7113 ( o)
423/ 635- 7114 ( f)

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 IN THE CHANCERY COURT FOR HAMILTON COUNTY, TENNESSEE

HEATHER SMITH,

Plaintiff,
Docket No.
v.

Part
BLUECROSS BLUESHIELD OF
TENNESSEE, INC,

Defendant.

COST BOND

I hereby acknowledge and bind myself for the payment of all non -discretionary costs that

may be adjudged herein against Heather Smith, the principal, in the event that the principal does

not pay them.

Witness my hand this 3O day of December, 2021.

Respectfully Submitted,

Law Office of Stephen S. Duggins

By: ` 25
Stephen S. Duggins, # 13222)
8052 Standifer Gap Road, Suite B
Chattanooga, TN 37421
423/ 635- 7113 ( p)
423/ 635- 7114 ( f)
steve@stevedugginslaw. com

Counsel for Plaintiff

2021 DEC C0 3: 02