MOORE v. WARR ACRES NURSING CENTER, LLC.
376 P.3d 894
Okla.2016Background
- Moore, a licensed practical nurse, was terminated from Warr Acres Nursing Center while ill with influenza.
- He reported his illness per handbook procedure and provided a doctor’s note advising three days off work.
- Nursing Center discharged him after discovering he was not on the schedule while ill, prompting a wrongful discharge suit.
- The trial court granted summary judgment, ruling no public policy violation; on appeal the Court of Civil Appeals remanded for public policy analysis.
- The majority holds there is a public policy exception to at-will employment prohibiting firing solely for missing work due to influenza, but disputed facts may show other reasons for termination.
- The case is remanded for jury consideration of whether termination was actually unrelated to the influenza absence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Burk public policy applies | Moore relies on Burk to claim a public policy breach for influenza absence. | Employer argues at-will status allows discharge for any or no reason; no clear policy violation. | Public policy exception exists, but facts disputed; summary judgment inappropriate. |
| Whether summary judgment was proper given material disputes | Disputed facts regarding reasons for firing require trial. | No policy violation shown; undisputed facts support dismissal on law grounds. | Summary judgment inappropriate; issues of fact remain for the jury. |
| Whether Oklahoma public policy articulates a norm prohibiting firing a nurse for influenza absence | Constitution, statutes, and regulations collectively prohibit working while infected. | Public policy must be identified in statutes/constitutions; regulatory authority alone is insufficient. | There is a clear public policy against firing for missing work due to influenza, supported by statutory/regulatory authorities; may support Burk relief. |
| What governs whether administrative rules can create public policy | Administrative rules have force of law and can inform public policy. | Public policy cannot be delegated to administrative rulemaking; legislature must articulate policy. | Administrative rules can reflect public policy but cannot substitute legislative policy; unresolved facts keep outcome open. |
Key Cases Cited
- Burk v. K-Mart Corp., 1989 OK 22 (OK 1989) (establishes Burk public policy exception to at-will employment)
- Clinton v. State of Oklahoma ex rel. Logan County Election Board, 2001 OK 52 (OK 2001) (defines Burk tort elements and public policy sufficiency)
- Silver v. CPC-Sherwood Manor, Inc., 2004 OK 1 (OK 2004) (public policy in health codes can support Burk-like claim)
- Vasek v. Board of County Commissioners, 2008 OK 35 (OK 2008) (reiterates Burk elements and public policy framing)
- Estes v. ConocoPhillips Co., 2008 OK 21 (OK 2008) (validates Administrative Procedures Act delegation; rules have force of law)