Essay about Wrongful Termination

Words: 2912
Pages: 12
Open Document
Wrongful Termination
Kenneth L. Mowery
BUS670: Legal Environment
Prof. Alexis Hooley
August 20, 2012

Wrongful Termination “Over the past 20 to 25 years courts have been carving out common law exceptions to employment at will” (Mallor, Barnes, Bowers, & Langvardt, 2010, p. 1338). One of those exceptions is that of wrongful termination or unjust dismissal. In the past three years there have been five wrongful termination suits brought against Haywood Regional Medical Center. Three cases ended positively for the plaintiffs, while the other two showed that the Medical Center had the stronger case and that the Medical Center had just cause to terminate the employee. . “The remedies in successful wrongful discharge suits …show more content…
A nurse filed a wrongful termination suit against the Youville HealthCare Center alleging that he was released because of pointing out “serious patient safety issues.” (Pham, 1997). Barry Adams, the RN, stated that he had noted many medication errors, patients left in unclean situations, and patient that had fall precautions that were being left alone, many of these falling. “Adams said in his lawsuit that Youville administrators fired him in October after he wrote several memos to hospital officials documenting unsafe patient conditions and requesting help” (Pham, 1997). It was Adams’ implied contract of patient safety that won his wrongful termination lawsuit against the Youville HealthCare Center. One of the cases against Haywood Regional Medical Center, mentioned in the outset, was when a nurse was fired for refusing to administer a medication, which the doctor ordered, to a patient. The nurse stated that the medication consisted of an ingredient that the patient was allergic to, and this was noted in the patient’s chart. The nurse was dismissed due to insubordination; however, she won the wrongful termination lawsuit against the hospital because she was doing the job that she was hired to do; taking care of her patient. Taking safe care of patients is an implied contract by this hospital. All employees are to safely care for their patients even if it means going against a higher authority’s order.
Good Faith and Fair Dealing
Show More

Related Documents: Essay about Wrongful Termination

Study Guide To Accompany Canadian Business And The Law

among dismissals for just cause, dismissals with notice, constructive dismissals, and wrongful dismissals • the issues arising from a wrongful dismissal suit • the components of a termination settlement Learning Outcomes • • • • • • • • • Recognize that an employer can fire an employee (page 521) Understand that if there is just cause for the termination, the employee is not entitled to notice of termination (page 521) Understand what constitutes just cause for dismissal (pages 521–526) Understand…

Words 4468 - Pages 18

Case Study: Strawberry Hill US

I will be advising Suzi Chung on any potential claim Roy might have against the football club Strawberry Hill United with regards termination of employment, if the club were to proceed with Bobbie Van’s instructions. There are three types of way to terminate an employment contract at common law; it can either be done with notice, summary dismissal or via resignation. This governed by s95 of the Employment Rights Act 1996 (‘ERA’). A summary dismissal can be lawful but in some instances a dismissal…

Words 1967 - Pages 8

Essay on Chapter 15 Managing Employee Separations

employees. in the hospitality industry, one in every five employees leaves the company in any given year Turnover: termination of an individual’s employment with an orgpermanent or The most common reason for termination downsizing or restructuring activity, followed by a desire to find new challenges, then ineffective leadership. Voluntary turnover: employee initiated termination of employment, usually quits or retirement. Involuntary turnover: employer initiated, usually dismissals/layoffs. Employee…

Words 4370 - Pages 18

Kent V. Keystone Human Services (ADA)

applicable laws governing the torts applicable in the cases. Court cases In Kent V. Keystone Human Services, the plaintiff filed a case against the employer for wrongful termination of employment. The plaintiff…

Words 1362 - Pages 6

Plaintiff Vs Oliva Case Study

[hereinafter “Plaintiff” or “Mr. Oliva”], was at all times relevant hereto, a resident of the State of California, County of Riverside, and an employee of Defendants, and each of them, at the CHARTER COMMUNICATIONS, INC., from May 8, 2006, until his wrongful termination on April 14, 2017. 2. Defendant, CHARTER COMMUNICATIONS, INC. [hereinafter “Defendant(s)” or "Defendant Employer” or “Charter”], is a Delaware corporation authorized to do business in California and doing business in California, County of…

Words 557 - Pages 3

Applicability of Greene’s Jewelry Wholesale, Llc vs. Lawson Memo Essay

TO: Supervisor FROM: Andrew ToussaintDATE: January 27, 2016RE: Applicability of Greene’s Jewelry Wholesale, LLC vs. Lawson MEMO INTRODUCTION Jennifer Lawson, who was rightfully terminated during Greene’s Jewelry Wholesale’s downsizing effort for consistent tardiness throughout her three years of employment with Greene’s Jewelry Wholesale, breached the confidentiality agreement to not share any information regarding the process used to create “Ever-Gold,” by sharing key process elements in producing…

Words 2594 - Pages 11

Creation Of Agency

Must indemnify for Tort damages resulting from authorized conduct that the agent didn’t believe was tortious. Authorized acts, which constitutes a Breach of contract or tort for which the agent is required to pay damages to a 3rd party. Termination Agency relationship is terminated: 1. Death of the principal: Under the Restatement of (3rd Agency) it’s effective when the agent knows about the death. 2. Death of the agent 3. Loss of capacity of the principal ends even without notice to the…

Words 2676 - Pages 11

Essay on A Day In the Life

reasons of why she is being let go. If they decide not to let her go and put her on performance improvement plan they need to give her 30-90 days to improve her work style to a satisfactory level in all areas. Make a decision based on the above (termination) They need to go with plan two and put Shirley on a 30-90 day performance plan to see if she improves to a satisfactory level. If she doesn’t, it is time for them to let her go. Identify the implications of the employment process (hiring)…

Words 2083 - Pages 9

Santacruz Paper 2

many employees seek protection under either Title VII – that creates protection for 5 classes: sex, color, race, religion and national origin –, or any other any other public policy that protects certain minorities1 and therefore will justify the termination of employment as unlawful. also contributes to set boundaries to the at-will employment definition. Title VII and the above mentioned Acts were designed to protect individuals against discrimination, however due to several rulings over the past…

Words 1969 - Pages 8

The Pros And Cons Of Employment

more about employment at will, first I researched the topic within my own state. In North Carolina, one may be fired for any reason at all, unless there is an employee contract. While this seems a bit harsh, there are many reasons why an employee termination can be illegal in North Carolina: Discrimination based on race, national origin, sex, pregnancy, religion, disability, citizenship status, or age (www.ncjustice.org). Unfortunately, even though these are illegal reasons to fire someone, it happens…

Words 2361 - Pages 10