TNA’s parent company filed a lawsuit in Tennessee against Gail Kim, seeking a declaratory judgment to prevent her from bringing potential legal claims under the Florida Private Whistleblower Act, the Florida Civil Rights Act, and the portion of the Civil Rights Act that prohibits employment discrimination based on “race, color, religion, sex, and national origin.”
POST Wrestling obtained the filing from the courthouse on Friday. The complaint, which was filed on January 10 and first reported on by PWInsider on Thursday, does not provide any specifics about what Kim’s potential claims against TNA may be. We were not able to find any existing lawsuit Kim currently has filed against the company.
Kim has not commented on the matter and did not provide a statement in response to a request from POST Wrestling. A TNA spokesperson also did not respond to our request for comment.
The most the company says about her claims is this paragraph from the complaint:
Kim has recently informed AWE [Anthem Wrestling Exhibitions, TNA’s parent company] that she believes she holds legal claims against AWE for violations of the Florida Private Whistleblower Act, Fla. Stat. § 448.101 et seq.; Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq.; and the Florida Civil Rights Act, Fla. Stat. § 760.01 et seq.
Like Title VII of the federal Civil Rights Act, the Florida Civil Rights Act is intended to protect against discrimination of employees based on race, sex, and other identifying characteristics.
Anthem Wrestling Exhibitions, which operates TNA, is asking a judge in Davidson County Chancery Court to declare that Kim worked for TNA only as an independent contractor — not an employee — and to enforce what the company says is language in her contract that requires any disputes to be litigated in Tennessee.
To support its contention that Kim was a contractor, Anthem says she worked from home without a company office, received 1099 tax forms without employee benefits, and maintained enough independence to film outside reality television projects, appearing as a contestant on The Amazing Race Canada and The Traitors Canada.
To explain why Kim might contend Florida law applies, Anthem’s lawsuit itself notes that Kim is a citizen and resident of Florida. TNA has also held wrestling events in the state throughout its history, including many times throughout the term of Kim’s booking and separate services contracts that Anthem references, which the company says were in effect from September 2022 through early 2025.
The federal Civil Rights Act generally only applies to workers defined as employees, not those classified as independent contractors, according to the U.S. Equal Employment Opportunity Commission’s website.
The dispute follows Kim’s exit from TNA in March 2025, when she was let go at the same time as several other staff members. In the filing, Anthem’s attorneys say Kim was under an agreement to work in talent relations, as a match producer, and performer. The company says that after December 31, 2024, her contract expired, and she continued working for the company on a month-to-month basis. Anthem says it informed Kim on March 17, 2025, that her contract wouldn’t be renewed on that basis due to restructuring, noting the non-renewal of two other independent contractors and the termination of five employees the same month.
Florida’s Private Whistleblower Act is designed to prevent what it calls “retaliatory personnel actions” — being fired, demoted, or otherwise punished — against employees who push back against illegal conduct. Under this law, a private company is prohibited from retaliating if an employee reveals a violation of the law, refuses to participate in an illegal activity, or provides information or testimony in an investigation.
If Anthem wins a favorable ruling that the terms of Kim’s contract require disputes to play out in Tennessee court, it could prevent Florida law from applying to her case. And if a judge rules that she is an independent contractor and not an employee, that could bar her ability to bring claims under the Florida Private Whistleblower Act and Title VII of the federal Civil Rights Act.
Anthem is also seeking its attorneys’ fees and court costs related to its preemptive suit.
According to our reading of the court’s rules, because she was served the suit on January 12, Kim has 30 days from that date, until next Thursday, February 11 to respond to the complaint.
