# Baughman v. Jarl Extrusions, Inc.

> Court of Appeals of Tennessee · December 30, 1982 · 648 S.W.2d 954

URL: https://www.frixlaw.com/law-library/cases/5058934

## Case

- **Full name:** Cheryl BAUGHMAN v. JARL EXTRUSIONS, INC., a New York corporation in the State of Tennessee in Carter County, Tennessee
- **Court:** Court of Appeals of Tennessee
- **Decided:** December 30, 1982
- **Citations:** 648 S.W.2d 954; 1982 Tenn. App. LEXIS 451
- **Precedential status:** Published
- **Opinion:** Concurrence by Goddard
- **Judges:** Franks, Goddard, Parrott
- **Cited by:** 3 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5058934

## Opinion text

GODDARD, Judge,
concurring.
I concur in the majority opinion, but foresee that the rule mandated by the Statute could produce untoward results in some cases. For example, suppose that in a ease similar to the one at bar, the striking employees, who had been terminated and re *957 placed, assault 1 or even murder supervisory or replacement employees as they attempt to enter the plant. Under our holding today they would not be denied unemployment benefits. I believe the rule should be that any acts directed toward the employer, his employees, or his property which would constitute misconduct justifying termination without unemployment benefits should also preclude recovery by a terminated employee. However, I recognize this is a matter that addresses itself to the Legislature; hence, my concurrence.
. In the case at bar the automobile of the plant manager was damaged by rocks thrown by unidentified individuals who were congregated at the plant gate. The windshield of a car being driven by a vice-president of Jarl, who was general manager of the plant, was broken by a brick thrown from a car registered in the name of a striking employee. An employee who chose to return to work had his car struck by rocks and by a two-by-four and was shot at by striking employees.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5058934. Public record. Not legal advice.