2021 Ohio 473
Ohio Ct. App.2021Background
- Plaintiff Cheryl Petras was a night-shift RN supervisor at Wickliffe Country Place; she was an at-will employee terminated January 2019.
- Wickliffe implemented an after-hours telemedicine policy (TripleCare) that nurses were generally required to use instead of contacting a resident’s personal physician between 6 p.m.–7 a.m. and on weekends.
- On Jan. 2, 2019, Petras sent resident Jane Doe to the hospital after a positive central-line culture and contacted Doe’s primary physician directly rather than using TripleCare or first notifying the unit manager.
- On Jan. 4, 2019, Petras arranged hospital transfer for resident Janet Roe after contacting Roe’s physician and, she says, notified the unit manager afterward.
- Petras was terminated for failing to follow procedures (not using TripleCare and not contacting her unit manager); she sued for wrongful discharge in violation of public policy, citing R.C. Chapter 4723 and O.A.C. Chapter 4723.
- Trial court granted summary judgment for Wickliffe, holding Petras failed the clarity element of a public-policy wrongful-discharge claim; this Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. Chapter 4723 and O.A.C. Chapter 4723 manifest a clear public policy prohibiting employer interference with nurses that bars termination for following nursing judgment | Petras: statutes and nursing regs show a clear public policy that RNs must not be interfered with and cannot be disciplined for acting to provide nursing care | Wickliffe: cited statutes/regulations regulate licensure/practice but do not forbid termination for failing to follow employer procedures; policy claim is too general | Court: Clarity element not met; cited statutes/regulations govern nursing practice/licensure and do not clearly prohibit employer discipline for not following chain-of-command or telemedicine rules; summary judgment for employer affirmed |
Key Cases Cited
- Painter v. Graley, 70 Ohio St.3d 377 (Ohio 1994) (articulates elements for public-policy wrongful-discharge claim)
- Dohme v. Eurand Am., Inc., 130 Ohio St.3d 168 (Ohio 2011) (requires plaintiff to cite specific law supporting asserted public policy)
- Greeley v. Miami Valley Maintenance Contrs., Inc., 49 Ohio St.3d 228 (Ohio 1990) (public-policy exception may extend beyond statutes when policy is of comparable import)
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (Ohio 1996) (summary-judgment standard and de novo appellate review)