MEMPHIS, Tennessee —
Tennessee is an at-will state, meaning an employer can fire you whenever for whatever, as long as it's not discriminatory. The United States Department of Labor's Occupational Safety and Health Administration (OHSA) said it's illegal for an employer to fire you if you report unsafe or unhealthful working conditions during the coronavirus pandemic.
Attorney Kevin Snider of Snider & Horner said maintaining safe work spaces isn't new, but this clause has never had to be put into action like this before.
"It is unique in the sense that one of the first times the Tennessee Department of Labor has ever specifically mentioned something like this," Snider said.
While Tennessee is an at-will employment state, this clause doesn't conflict with it. Under OSHA, you are protected if your workplace isn't complying with health standards. Snider said this affects workers at all levels right now.
"You get a situation where somebody gets fired because they don’t feel safe coming to work," Snider said. "That’s a situation that could occur in any status of an employee."
As an example, if you work in close proximity to a coworker who tested positive for COVID-19 and your employer doesn't do anything to protect you then you can potentially take action. Snider said this will be taken case by case, but it comes down to how reasonable both sides were in the situation.
"A jury is going to be looking at you as a peer and if you were the guy that ordered an employee to do something that was clearly and obviously unsafe, you better be able to explain that to a jury and if you can’t you’re going to have a problem for firing someone like that," Snider said.