Nurse Deb's Case: Evidence Needed to Win Wrongful Termination Suit - Case Study Example

Introduction

Wrongful termination of employment has been a critical aspect affecting most organizations. Most organizations do not have a clear system on how to regulate how to connect with workers, and this affects the way of solving issues. The lack of a better protection system has affected workers from fighting against the violation of rights.

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Case 1

What evidence does Nurse Deb have that could help her win the case?

Generally, the law on compulsory vaccination differs from state to state across the United States. In this case, if Deb comes from a state where it is compulsory for medical staff to be vaccinated such as Alabam, it would be illegal to terminate her employment. In this case, Deb can win her case on the basis that the healthcare center did not give her any notice regarding her termination. Most states across the United States protect employees against wrongful termination (Ismail, 2018). However, the law recognized the principle of employment-at-will, which regulates the termination but does not include aspects such as vaccination (Befort, 2018). Therefore, Deb can defend the action on the basis on wrongful termination.

What law protects the hospital’s mandated vaccination procedure?

There are numerous principles that protect the interest of hospitals in the application of mandatory vaccination. The National Action Plan for Prevention Health Care-Associated Infection supports healthcare to engage vaccination to protect medical staff and patients (Seminario, 2020). The approach is perceived as a way of preventing the spread of disease, thus improving the health condition of medical staff (Befort, 2018). In this case, the application of flu vaccination is perceived as an ethical approach, which is a way of promoting non-maleficence and beneficence (Seminario, 2020). Normally, flu is effectively prevented through the application of vaccines, and hence, using the technique is perceived as a way of promoting ethical principles.

How concerned should the hospital be if the lawsuit is a success?

The success of the lawsuit relies on the principles, which are present in the state. In case the lawsuit succeeds, the healthcare center will be forced to compensate the nurse for the damage, and this will force it to update its regulations (Befort, 2018). Additionally, the success of the lawsuit could expose patients, staff, and the community to the risk of the virus. In this case, health staff who failed to take the vaccination may be at high risk of contracting the virus (Seminario, 2020). As a way of controlling the issue in the future, it is crucial for the healthcare center to establish policies and regulations that control the vaccine among the personnel, which is a critical way of improving the quality of health.

Case 2

How concerned should you be about the termination of Joe?

My concern is about the termination of the operations specialist, Joe Gomez. Joe did his role by reporting to the compliance officer about the quality of the Occupational Safety and Health Act-approved filter (Ismail, 2018). In this case, Joe was fired for being a whistleblower. As such, the termination concern will be based on the Whistleblower Act.

What are the legal principles involved?

If Joe works in a company that is located in a state that is driven by employment-at-will, then the manager has no power to terminate the contract. In this case, the termination violates the law regarding the whistleblower. Normally, a whistleblower has a great role in informing the organization regarding illegal and unacceptable conduct (Seminario, 2020). The Occupational Safety and Health Act protects the whistleblower from being subjected to unlawful actions such as termination. Additionally, the law protects workers by ensuring they operate in a safe workplace, free from any form of health risks (Befort, 2018). Therefore, it was illegal for the manager to terminate Joe’s contract after reporting the problem related to his safety (O’Rourke et al., 2018). Additionally, the act requires that managers should have the responsibility to protect and maintain the safety of workers. Usually, any action that impacts the attainment of the safety of workers is considered discrimination (Seminario, 2020). Hence, the act highly discourages any form of discrimination in the workplace, and hence, it is treated with a lot of attention.

If Joe was a member of the local employment services union, does this make the termination different?

If Joe was a member of any union, the group could have fought for rights violations through termination. Additionally, the manager could have feared the impact he could have received from the union due to the wrongful termination (Befort, 2018). Additionally, the manager could have been forced to enact more policies and regulations regarding the safety of workers (Seminario, 2020). In this case, the union could have pushed for the management to ensure all the workers within the companies operate in a safe condition, free from any form of risk.

Conclusion

Law violation among organizations has been a critical aspect affecting the improvement of working conditions. In this case, the unlawful application of regulation triggers massive suffering among workers as they fight for their rights. Termination of employment has been a key aspect that managers use to prohibit workers from raising any issue regarding the working environment.

References

Befort, S. F. (2018). The declining fortunes of American workers: Six dimensions and an agenda for reform. Florida Law Review., 70, 189. https://scholarship.law.ufl.edu/cgi/viewcontent.cgi?article=1396&context=flr

Ismail, S. (2018). Unfair dismissal or unlawful termination: A review of section 20, Industrial Relation Act 1967. Journal of Law and Governance, 1(1), 15-24. file:///C:/Users/Hosea/AppData/Local/Temp/262-469-1-SM.pdf

O’Rourke, A., Pyman, A., Teicher, J., & Van Gramberg, B. (2018). Old wine in new bottles? Regulating employee social media use through termination of employment law: A comparative analysis. Common Law World Review, 47(4), 248-271. file:///C:/Users/Hosea/AppData/Local/Temp/CLWR.pdf

Seminario, M. M. (2020). The occupational safety and health act at 50—a labor perspective. Apha. https://ajph.aphapublications.org/doi/pdf/10.2105/AJPH.2019.305541