A legal settlement reached by the State of Tennessee and a former health official that requires both parties to cease discussing the terms of her firing became public on Thursday, likely signaling the end to a legal drama that began when former Tennessee Department of Health (TDOH) official Michelle Fiscus was fired in 2021.
After Fiscus (pictured above) was terminated from her position directing the agency’s Vaccine-Preventable Diseases and Immunization program, she quickly gained national attention after claiming she was fired due to her advocacy for the mature minor doctrine, which accepts that minor children can make some health decisions without parental involvement.
Though Fiscus claimed she was fired as retribution for her vaccine advocacy, a memo was quickly circulated by government officials, claiming Fiscus’ failure to communicate with superiors and subordinates, combined with an alleged refusal or inability to adequately delegate tasks, “resulted in repetitive, long, and inefficient meetings” that “took already busy colleagues away from other tasks” during the COVID-19 vaccine rollout.
Fiscus, who was not allowed to dispute the memo’s findings in an official hearing before she was fired, ultimately launched her lawsuit in September 2021.
The agreement struck between Fiscus and Tennessee means she is now required to reply “no comment” if asked about the lawsuit, its negotiations, or the settlement. Fiscus is also directed not to “disparage” TDOH, Governor Bill Lee (R), or other current and former state officials on matters related to her termination as a condition of the agreement.
TDOH employees, and its current and former commissioner, are likewise barred by the agreement from disparaging Fiscus, and Tennessee will pay the fired employee $150,000 to settle the lawsuit.
Prior to launching the lawsuit, Fiscus at one point claimed a dog muzzle was sent to her home, apparently her employment was terminated to silence her. It was later reported the muzzle was purchased on Amazon using a credit card owned by Fiscus, indicating she bought the muzzle herself.
Before she was fired, the memo claimed Fiscus first received coaching sessions from superiors in a bid to improve her job performance. Despite these sessions, the memo claimed Fiscus failed to maintain good working relationships, became an ineffectual leader, and was unwilling to consult with superiors on important tasks. These alleged failures led to “inefficient use of team resources” and “poor inter-program communication regarding vaccine distribution.”
All parties entered into the settlement agreement on October 3. The agreement specifically clarifies the payment to Fiscus is not back pay, and declares it “constitutes settlement” of all Fiscus’ “claims arising” from her previous employment and firing.
Should Fiscus be deemed to violate the agreement, she will be required to pay the full $150,000 back to Tennessee.
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Tom Pappert is the lead reporter for The Georgia Star News, and also reports for The Tennessee Star and the Arizona Sun Times. Follow Tom on X/Twitter. Email tips to [email protected].
