Workplace Law Scenario Analysis

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ESSAM Shabbar

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Scenario 1

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

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Running head: WORKPLACE LAW SCENARIO 1

Workplace Law Scenario

Essam Shabbar

Dr. Loretta Cain

HLT 520

Grand Canyon University

June 8, 2020.

WORKPLACE LAW SCENARIO 2

There could be some evidence that could help Deb win this case. If there was not a

reasonable amount of time give to Deb to get her flu vaccination. The hospital could also be in

trouble if Deb could not get the shot for religious or medical reasons. There also could be a case

for Deb if she was a part of a union. Some unions believe that medical professional should have

the option to get a flu vaccination, “One analysis which compiled the results of three previous

trials found that there was no evidence that vaccinating healthcare workers prevented any flu

cases or associated complications in patients living in senior residences.” (foxusforhealth.org).

There is not a lot that Deb has regarding winning her case. My suggestion to Deb would be to

drop the lawsuit for wrongful termination. I assume that the flu vaccination was gone over with

her when she was hired. In this case, the hospital would also argue the employment at will

which would allow them to terminate her at any time. “Moreover, most states recognize the

doctrine of employment-at-will, under which employers can terminate a worker for any reason as

long as a prohibited motivation, such as race or disability status, is not involved. In the absence

of a proscribed rationale, vaccination can be used as a condition of continued employment.”

(Field, 2009).

• What law protects the hospital's mandated vaccination procedures?

Multiple laws protect the hospital regarding these mandates. “Chapter 7 of the National

Action Plan to Prevention Health Care-Associated Infections: Road Map to Elimination supports

the influenza vaccination of health care personnel to protect health care personnel and their

patients, as well as to reduce disease burden and health care costs.” (ODPHP, 2017). There is a

lot of research stating that this vaccination is an ethical duty of a health care worker. From these

laws, the hospital has very little to worry about regarding this termination. “Those that support

healthcare worker mandates of the flu vaccine argue that it is the ethical duty of healthcare

workers to be vaccinated based on the concepts of non-maleficence and beneficence. It is argued

that the flu vaccine is the best way to protect immunocompromised patients from getting the

disease, therefore, if a healthcare worker refuses the vaccine, they could be causing harm and

violating their ethical duty.” (focusforhealth.org)

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

As the director of nursing, there are a few specific things that I would do regarding this

case. Nurse Deb is filing the wrongful termination lawsuit due to her termination regarding her

not getting her flu vaccination. Depending on the state which the hospital is in there could be an

employment-at-will cause. This would allow nurse Deb to get fired for not getting her flu

vaccination. Some many states and facilities mandate health care employees to get their flu

vaccinations, “Vaccination coverage was highest (94.8%) among health care personnel working

in settings where vaccination was required. Among health care personnel whose employers did

not have a requirement for vaccination coverage was higher among those who worked in

locations where vaccination was offered at the worksite at no cost for 1 day only (70.4%) or >1

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WORKPLACE LAW SCENARIO 3

day (76.0%) or who worked in locations where their employer did not provide influenza

vaccination on-site at no cost but actively promoted vaccination through other mechanisms

(75.1%) compared with that among health care personnel working in locations where employers

did not have any vaccination-related requirements or provisions (47.6%).” (cdc.gov). The

hospital should have a policy and procedure regarding flu vaccination. The only way that this

would be wrongful termination if there was a policy would be if Deb did not get the flu

vaccination for a religious or medical reason. Healthcare facilities need to have these policies

and procedures in place, “In the first year of the mandatory policy (2009–2010), 99.2 percent of

employees received the vaccine, 0.7 percent were exempted for religious or medical reasons, and

0.1 percent refused vaccination and chose to terminate employment. The results were sustained:

in 2012, 98.7 percent were vaccinated, 1.2 percent were exempted, and 0.06 percent refused

vaccination.” (ODPHP, 2017). Overall because the hospital has a written policy stating that the

flu vaccination is mandatory the hospital does not have much to worry about. My suggestion

would be for Deb to drop with case because there is little to no evidence that supports her

wrongful termination lawsuit.

Scenario 2:

• How concerned should you be about the termination of Joe?

I would be very concerned regarding the termination of the operations specialist Joe

Gomez. Joe was terminated because he reported to the compliance officer that OSHA-approved

filters were not being used. One the same day that the report was filed Joe was fired by his

manager. The whistleblower act makes me very concerned regarding Joe’s termination.

• What legal principles are involved?

If the company is in employment-at-will state then the manager does not have to have a

reason to terminate him. I would also be very worried about Joe being protected by the

whistleblower act, “A whistleblower is defined as someone who informs the authorities about a

person or organization engaged in illegal or unacceptable behavior. OSHA's whistleblower laws

protect employees from employer retaliation, such as dismissal, discipline, harassment, and

demotion. These are important things to know about whistleblower labor laws. Seventeen Acts

protect whistleblowers, which protect qualified employees from the following: Occupational

Safety & Health Act (OSH Act) for complaints filed by protected employees about workplace

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WORKPLACE LAW SCENARIO 4

WORKPLACE LAW SCENARIO 5

safety and health hazards” (oshaeducationcenter.com). Legally I believe that it was wrongful

termination of Joe because he reported a safety issue and his job would be protected. If joe

reached out to a lawyer or to an OSHA representative the hospital could be a danger of a lawsuit.

“Any adverse action that results directly from your efforts to improve safety and health on the

job or the environment is considered discrimination. That includes dismissal; demotion;

assignment to an undesirable job or shift; loss of seniority; denial of a promotion you otherwise

would have received; denial of benefits earned, such as sick leave or vacation time; harassment;

blacklisting with other employers; taking away company housing; damaging your credit at banks

or credit unions; reducing pay or hours. To prove discrimination, OSHA must be able to show

that your employer acted wrongly in demoting, firing, or transferring you because you

complained about safety and health conditions on the job or the environment. You must have

been treated differently than similar workers who did not complain about hazards. Further, the

alleged discrimination must have occurred around the time you expressed your safety and health

or environmental concerns.” (osha.gov).

• If Joe was a member of the local employment services union, does this make the

termination different?

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If Joe was a member of a union then I believe that union would fight this termination. As

the CEO of the hospital, I would have a conversation with Joe as soon as I heard about his

termination. I would rehire him and apologize for the actions of the manager. I would also make

sure that the correct filters were used for the safety of our staff and patients. I would also

terminate the manger who wrongfully terminated Joe. A person who wrongfully terminates an

employee for doing the right thing should never be in a management potion. These measures

would be to limit exposure to the situation and try to avoid a lawsuit.

WORKPLACE LAW SCENARIO 7

References

Field, R. I. (2009, November). Mandatory vaccination of health care workers: whose rights

should come first? Retrieved from

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC2810172/

(2019, May 17). Healthcare Worker's Mandates and Exemptions for the Flu Shot. Retrieved from

https://www.focusforhealth.org/healthcare-workers-mandates-and-exemptions-for-the-

flu-shot/

(n.d.). Influenza Vaccination Information for Health Care Workers | CDC. Retrieved from

https://www.cdc.gov/flu/professionals/healthcareworkers.htm

Odphp. (2018, November 7). Influenza Vaccination of Health Care Workers: A Patient Safety

Imperative - News & Events. Retrieved from

https://health.gov/news/blog/2017/08/influenza-vaccination-of-health-care-workers-a-

patient-safety-imperative/

(n.d.). Protecting Whistleblowers With Job Safety and Health Complaints. Retrieved from

https://www.osha.gov/Publications/osha3164.html

(n.d.). The Complete Guide to Whistleblower Labor Laws. Retrieved from

https://www.oshaeducationcenter.com/articles/whistleblower-laws/

WORKPLACE LAW SCENARIO 8