1. Marie Sides, an operating nurse, was employed by Duke Hospital as an at-will
ID: 352271 • Letter: 1
Question
1. Marie Sides, an operating nurse, was employed by Duke Hospital as an at-will employee. She was instructed by a doctor to administer an anesthetic to a patient which she believed to be dangerous given the patient’s health condition. She refused to administer it. The doctor administered the anesthetic and the patient stopped breathing and suffered severe brain damage as result. A lawsuit resulted . Sides was called to testify for the patient. She was warned by several doctors that she should not testify. When she did, a large judgment was entered against the hospital and Sides was later discharged. Does she have a good cause-of-action for wrongful termination? Explain.1. Marie Sides, an operating nurse, was employed by Duke Hospital as an at-will employee. She was instructed by a doctor to administer an anesthetic to a patient which she believed to be dangerous given the patient’s health condition. She refused to administer it. The doctor administered the anesthetic and the patient stopped breathing and suffered severe brain damage as result. A lawsuit resulted . Sides was called to testify for the patient. She was warned by several doctors that she should not testify. When she did, a large judgment was entered against the hospital and Sides was later discharged. Does she have a good cause-of-action for wrongful termination? Explain.
Explanation / Answer
First let us understand the meaning of at-will employees.
At will employment in US allows the employer to fire an employee without any prior notice, without any reason and without any explanation until and unless the reason is not illegal such as discrimination because of race, color, religion etc.
In this particular case she was at-will employee. She can be fired without any explanation. Her termination was not wrongful. The claim of Sides is under tort and contract theories which are not applicable here.
Being a at-will employee she can be fired any time without any reason.
Related Questions
Navigate
Integrity-first tutoring: explanations and feedback only — we do not complete graded work. Learn more.