Assessment Description
Examine the concept of “employment at will” and the public policy exceptions to it. How does it fit with the issue of “wrongful discharge”? Support your claim with one or two scholarly sources.
Assessment Description
What do you see as the pros and cons of a unionized environment in a health care facility? How can the right to collective bargaining by employees and the mandate to provide care to patients be reconciled?
Assessment Description
Write a 750-1,000 word paper in which you review public policy and how it affects employment. Address the following scenarios:
Scenario 1: Nurse Deb was due for her annual flu vaccination as mandated by her hospital’s policy. Nurse Deb is a big supporter of the antivaccination movement and refused to obtain her annual flu vaccination. Upon notice that nurse Deb did not obtain the vaccination, the nurse manager fired Nurse Deb. Nurse Deb has decide to file a wrongful termination suit. As the director of nursing, how would you handle this situation?
- What evidence does Nurse Deb have that could help her win the case?
- What law protects the hospital’s mandated vaccination procedures?
- How concerned should the hospital be if the lawsuit is a success?
- If the lawsuit is a success, how does this impact workplace safety and the obligation of the health care facility to provide protection?
Scenario 2: Joe Gomez worked as a plant operations specialist at Premier Hospital. While Joe’s manager was working on the HVAC system that protects patients from harmful viruses and bacteria, he noticed that he was not using OSHA-approved filters. Joe felt that it was important to report this to the compliance officer. The day following his report, Joe was fired by his manager. As the CEO of Premier Hospital, how would you handle the situation?
- How concerned should you be about the termination of Joe?
- What legal principles are involved and how do they reinforce workplace safety?
- If Joe was a member of the local employee services union, does this make the termination different?
Prepare this assignment according to the guidelines found in the APA Style Guide, located in the Student Success Center.
This assignment uses a rubric. Please review the rubric prior to beginning the assignment to become familiar with the expectations for successful completion.
You are required to submit this assignment to LopesWrite. A link to the LopesWrite technical support articles is located in Class Resources if you need assistance.
Solution:
In order to strengthen her case for wrongful termination, Nurse Deb needs to present compelling evidence that supports her claim. This evidence should demonstrate that she was indeed fired because she refused to receive the annual flu shot, as mandated by the hospital’s protocol. To do so, Nurse Deb should gather documents or witness statements that can substantiate her position.
Acceptable evidence in this case may include any documented correspondence such as emails or memoranda that highlight Nurse Deb’s adherence to hospital protocols in the past. Additionally, evidence showing her justification for declining the flu shot based on valid medical or religious reasons would further support her claim (Dubov & Phung, 2015, p. 2531). By presenting this evidence, Nurse Deb can strengthen her argument that her refusal to comply with the vaccination requirement was the primary reason for her termination.
Law and Hospital Concerns if the Lawsuit is Successful:
Under the law, wrongful termination occurs when an employee’s dismissal violates their legal rights or breaches an employment contract. However, the specific legal implications of Nurse Deb’s case would depend on the jurisdiction in which the lawsuit is filed, as employment laws can vary from one location to another.
If the court rules in favor of Nurse Deb and finds that she was wrongfully terminated, the hospital may face various consequences. These consequences could include:
1. Reinstatement: Nurse Deb might be entitled to be rehired by the hospital and regain her position, along with any lost wages and benefits during her absence.
2. Compensation: The hospital might be ordered to provide financial compensation to Nurse Deb for the damages she suffered due to the wrongful termination, such as lost income, emotional distress, and legal expenses.
3. Policy Reevaluation: The hospital may need to reevaluate its policies regarding vaccination requirements and consider accommodations for employees with legitimate medical or religious reasons for exemption.
4. Reputational Damage: A successful lawsuit against the hospital could lead to negative publicity and damage its reputation, potentially impacting patient trust and the ability to recruit and retain staff.
Impact on Workplace Safety and Healthcare Facility’s Obligations:
Workplace safety is of paramount importance, especially in a healthcare facility where employees are regularly exposed to various illnesses. Annual flu shots are commonly mandated in healthcare settings to reduce the risk of flu transmission among staff and patients. If Nurse Deb’s refusal to receive the flu shot were to be seen as acceptable, it could set a precedent that might undermine the hospital’s efforts to maintain a safe working environment.
Healthcare facilities have an obligation to take reasonable measures to protect their employees and patients from preventable illnesses. Requiring vaccinations is one of the methods used to fulfill this obligation. However, accommodations should be made for employees with valid medical or religious reasons for not getting vaccinated. Striking a balance between individual rights and public health interests can be challenging for healthcare facilities.
In conclusion, Nurse Deb’s case hinges on presenting strong evidence to support her claim of wrongful termination. If successful, the lawsuit could have significant implications for the hospital, including potential changes to policies and a reassessment of its approach to employee vaccinations. It also raises important questions about workplace safety and the delicate balance between individual rights and public health obligations in a healthcare setting.
