Judith Moore-Pennoyer v. State of Tennessee

Summary

The Tennessee Supreme Court held that a trial judge’s secretarial assistant is an at-will employee. The assistant’s employment may end at any time during the judge’s term and automatically ends when the judge’s service ends. Because the plaintiff remained employed through the end of the incumbent judge’s term, the court held that the defendant did not tortiously interfere with her employment relationship and directed dismissal of the complaint.

Holdings

1. A trial judge's secretarial assistant is an at-will employee whose employment may be terminated at any time during the judge's term by either the judge or the assistant.
2. When a trial judge's service ends, the employment of that judge's secretarial assistant also ends; an incoming judge has no obligation to retain the outgoing judge's assistant.
3. Moore-Pennoyer failed to state a claim for tortious interference because no existing employment relationship remained after the end of Judge Wimberly's term, and Ailor neither terminated nor interfered with her at-will employment.

Questions Presented

1. Whether a trial judge's secretarial assistant is an at-will employee.
2. Whether the employment of a trial judge's secretarial assistant automatically terminates when the judge's service ends.
3. Whether Moore-Pennoyer stated a claim for tortious interference with an employment relationship against Ailor.

Disposition

reversed_and_remanded