A former BlueCross BlueShield employee has sued the Chattanooga-based insurance firm, saying she was fired for sending emails to state legislators who were considering a bill dealing with companies requiring employees to get vaccinated against COVID-19.
Heather M. Smith said in the Chancery Court complaint that she has a religious objection to vaccination.
She is asking $250,000 in compensatory damages and triple that amount in punitive damages.
Her attorney, Stephen Duggins, said the case was about a company "terminating one of its employees for exercising her constitutional right to communicate with state legislators."
He said, "A citizen's right and ability to contact government officials, particularly legislators, is fundamental to the existence of a free and democratic society."
The suit says on Aug. 11, 2021, Ms. Smith was notified that BlueCross had instituted a policy that required all of its "public-facing" employees to obtain the COVID-19 vaccine. It says she worked from home and was not in a public-facing position, but still was told she would need the vaccine.
She said she was told on Sept. 27 that BlueCross was declining her request for a vaccine waiver and would give her 30 days to comply.
On Oct. 29, she said she was told that she was given a new position that was not subject to the vaccination requirement.
It says two days earlier Ms. Smith had emailed state legislators "with her concerns and grievances regarding vaccine mandates."
She said on Oct. 28 her letter was read to a committee by Rep. John Ragan.
Ms. Smith said a member of the Legislature apparently forwarded her letter to BlueCross officials.
She said she was notified on Nov. 3 that her emails to the lawmakers violated the company's social media policy.
Ms. Smith said the next day she again emailed General Assembly members "to seek legislative protection for her individual liberties and rights relating to vaccine mandates." She said apparently a legislator also sent that email to BlueCross officials.
On Nov. 5, she was terminated by BlueCross "because of her email to General Assembly members."