In the case Kirk v. Mercy Hosp. Tri-County, was there a public policy exception to the Missouri employment-at-will doctrine?

The case under analysis can be seen as an illustration of the way exceptions can be applied to the at-will doctrine. According to at-will contracts, the employer can terminate the contract without mentioning any reason for that. Although these contracts are often criticized, they are common in the healthcare setting, and many people stress that these legal documents ensure the right of people to choose diverse contract options. In addition, these contracts have certain exceptions that secure people’s rights to fair treatment. The employer cannot terminate the contract based on some discriminatory practices (based on the employee’s race, gender, and so on). Moreover, the Supreme Court of Missouri also came up with a policy that prohibits the termination of at-will contracts based on the employee’s refusal to violate public policies or statutes.

In the case under analysis, the nursing professional could have violated certain standards of nursing practice and even could have been accused of malpractice. The nurse knew that the patient’s health was in danger and shared her concerns with the medical staff. If she had not undertaken any action, she could have been accused of malpractice as she would conceal some data, which led to adverse effects. The nurse also followed the major guidelines of the Nursing Practice Act, which is a public policy. Again, the termination of the employee who followed a public policy is illegal. The court’s decision was consistent with the provisions of the law and law interpretations of the Supreme Court of Missouri. The nurse could not have been terminated as the reasons for such termination would be illegal.

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Academic.Tips. 2022. "In the case Kirk v. Mercy Hosp. Tri-County, was there a public policy exception to the Missouri employment-at-will doctrine?" February 11, 2022. https://academic.tips/question/in-the-case-kirk-v-mercy-hosp-tri-county-was-there-a-public-policy-exception-to-the-missouri-employment-at-will-doctrine/.

1. Academic.Tips. "In the case Kirk v. Mercy Hosp. Tri-County, was there a public policy exception to the Missouri employment-at-will doctrine?" February 11, 2022. https://academic.tips/question/in-the-case-kirk-v-mercy-hosp-tri-county-was-there-a-public-policy-exception-to-the-missouri-employment-at-will-doctrine/.


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Academic.Tips. "In the case Kirk v. Mercy Hosp. Tri-County, was there a public policy exception to the Missouri employment-at-will doctrine?" February 11, 2022. https://academic.tips/question/in-the-case-kirk-v-mercy-hosp-tri-county-was-there-a-public-policy-exception-to-the-missouri-employment-at-will-doctrine/.

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"In the case Kirk v. Mercy Hosp. Tri-County, was there a public policy exception to the Missouri employment-at-will doctrine?" Academic.Tips, 11 Feb. 2022, academic.tips/question/in-the-case-kirk-v-mercy-hosp-tri-county-was-there-a-public-policy-exception-to-the-missouri-employment-at-will-doctrine/.

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