Wheeler v. Whirlpool Corp.

1 Citing case

  1. Nichols v. Jack Cooper Transport Co., Inc.

    318 S.W.3d 354 (Tenn. 2010)   Cited 14 times
    In Nichols v. Jack Cooper Transp. Co., 318 S.W.3d 354 (Tenn. 2010), the Tennessee Supreme Court rejected a bright line rule applicable to all layoffs, instead favoring a fact-intensive method.

    Id. at*8. In a third opinion, Wheeler v. Whirlpool Corp., No. M2009-00206-WC-R3-WC, 2010 WL 366672, at *5-6 (Tenn.Workers Comp.Panel Feb. 3, 2010), the employee, who chose to be laid off rather than transfer to another position when hers was abolished, was determined not to have either resigned or retired. The Wheeler Panel observed that the employee "anticipated the availability of being recalled" because she "had been laid off and recalled several times during her tenure with" the employer and "[s]he had significant seniority."