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Legal Aspects Of Health Care Administration 11th Edition by George Pozgar
Edition 11ISBN: 978-0763780494Legal Aspects Of Health Care Administration 11th Edition by George Pozgar
Edition 11ISBN: 978-0763780494 Exercise 7
Facts
Dalby, a pharmacy technician, alleged that she was discharged for reporting to her supervisor on several occasions that there were inaccuracies in the drug inventory and that recordkeeping regarding these inaccuracies was in violation of Oregon administrative rules. Dalby alleged that rather than comply with the regulations, her supervisor retaliated against her because of her insistence that her employer comply with the rules.
Retaliatory actions against Dalby included accusations of stealing cocaine from the hospital's drug inventory. Dalby learned that the sheriff's department had been asked to arrest her for stealing the cocaine. The sheriff's department refused to make the arrest. Dalby also alleged that her supervisor refused to talk to her except for job-related purposes and that hospital attendance policies were rigidly applied against her. As a result of the defendant's actions, Dalby resigned her position.
Dalby's former employer argued that the allegations did not demonstrate constructive discharge by deliberately creating difficult working conditions with the intention of forcing the employee to leave employment and that the employee left employment because of the working conditions.
The circuit court dismissed Dalby's claim, and she appealed.
Issue
Did the plaintiff state a cause of action for wrongful discharge and emotional distress?
Holding
The Oregon Court of Appeals, assuming the plaintiff's allegation to be true, reversed and remanded the case for trial, holding that the pharmacy technician stated a cause of action for wrongful discharge and intentional infliction of emotional distress.
Reason
Dalby made a good-faith report as to the hospital's noncompliance with the drug inventory and recordkeeping requirements required under Oregon regulations. Her report fulfilled an important societal obligation. An employer may not discharge an employee for making such reports. The conduct of the employer, including false accusations that she had taken cocaine, gave rise to an action for the infliction of emotional distress.
Regardless of the final disposition of this case by the trial court, what issues remain open for review by management and the governing body?
Dalby, a pharmacy technician, alleged that she was discharged for reporting to her supervisor on several occasions that there were inaccuracies in the drug inventory and that recordkeeping regarding these inaccuracies was in violation of Oregon administrative rules. Dalby alleged that rather than comply with the regulations, her supervisor retaliated against her because of her insistence that her employer comply with the rules.
Retaliatory actions against Dalby included accusations of stealing cocaine from the hospital's drug inventory. Dalby learned that the sheriff's department had been asked to arrest her for stealing the cocaine. The sheriff's department refused to make the arrest. Dalby also alleged that her supervisor refused to talk to her except for job-related purposes and that hospital attendance policies were rigidly applied against her. As a result of the defendant's actions, Dalby resigned her position.
Dalby's former employer argued that the allegations did not demonstrate constructive discharge by deliberately creating difficult working conditions with the intention of forcing the employee to leave employment and that the employee left employment because of the working conditions.
The circuit court dismissed Dalby's claim, and she appealed.
Issue
Did the plaintiff state a cause of action for wrongful discharge and emotional distress?
Holding
The Oregon Court of Appeals, assuming the plaintiff's allegation to be true, reversed and remanded the case for trial, holding that the pharmacy technician stated a cause of action for wrongful discharge and intentional infliction of emotional distress.
Reason
Dalby made a good-faith report as to the hospital's noncompliance with the drug inventory and recordkeeping requirements required under Oregon regulations. Her report fulfilled an important societal obligation. An employer may not discharge an employee for making such reports. The conduct of the employer, including false accusations that she had taken cocaine, gave rise to an action for the infliction of emotional distress.
Regardless of the final disposition of this case by the trial court, what issues remain open for review by management and the governing body?
Explanation
Verified
Verified
The issue which remains open for review ...
Legal Aspects Of Health Care Administration 11th Edition by George Pozgar
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