State Supreme Court Rules That Employee Does Not Qualify As Whistleblower

  • Saturday, March 28, 2015

The Tennessee Supreme Court has affirmed the dismissal of a whistleblower claim by Charles Haynes, a former employee of Formac Stables, Inc., in Obion County.

Mr. Haynes worked as a groom at Formac Stables. In April of 2010, hesuffered an injury to the head when kicked by a Tennessee Walking Horse named “Bruce Pearl.” Mr. Haynes claimed that Formac’s owner refused to allow him to seek medical care and forced him to allow a veterinarian to seal the wound with horse sutures. Mr. Haynes alleged that during the three months following the incident he complained to the owner of severe headaches caused by the lack of proper medical care. In June of 2010, the owner terminated Mr. Haynes’ employment.

Mr. Haynes filed suit, claiming that he was a whistleblower and that he had been unlawfully fired because of his refusal to remain silent about the illegal stitching procedure. A whistleblower is someone who exposes alleged wrongdoing in an organization to someone inside or outside the organization. Whistleblowers, who are protected under state law, may file lawsuits because reporting the activities often exposes them to retaliation. The trial court dismissed the case, and the Court of Appeals affirmed.

The Supreme Court affirmed the dismissal of the suit, ruling that an employee must report an employer’s wrongful activity to someone aside from the wrongdoer in order to qualify as a whistleblower. The Court held that an employee may report unlawful activity to a higher authority within the company or to an appropriate law enforcement or regulatory agency.

Read the Charles Haynes v. Formac Stables, Inc. opinion, authored by Justice Gary R. Wade.

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