Tennessee Supreme Court

Evelene N. Stein, Plaintiff/appellant v. Davidson Hotel Company, Defendant/appellee

May 19, 19971997 Tenn. LEXIS 283

Summary

The Tennessee Supreme Court affirmed the Court of Appeals’ dismissal of Stein’s wrongful‑discharge claim, holding that a private employer’s termination of a terminable‑at‑will employee for a positive random drug test does not violate a clear mandate of public policy. The Court explained that a wrongful‑discharge action requires a specific, unambiguous constitutional, statutory, or regulatory provision, which Stein failed to identify. It also rejected the argument that Tennessee’s constitutional privacy provisions or federal cases on public‑employee testing create such a policy.