Cases of Note
Weber vs Moses, 938 S.W. 2d 387 (Tenn 1996)
An employee, an insurance sales agent and manager, was instructed by defendant employer to refrain from hiring black females as sales agents. The court found that the employee refused to engage in the illegal, discriminatory activity and lost his job because of his refusal. The court found that the employee filed his discriminatory practice and retaliatory discharge action more than one year after he received oral notice that he was terminated as manager. The court held that the later, written notice did not override the oral termination notice. The court found that the one-year statute of limitations, Tenn. Code Ann. § 4-21-311, of the Tennessee Human Rights Act barred the employee's action because the complaint was filed more than one year after receipt of the oral termination notice.
OUTCOME: The Supreme Court affirmed the judgment of the court of appeals. (To read or download the court's opinion, click here.)