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Home/Law/Think about the following question from the point of view of the violation of public policy or breach of a covenant of good faith and fair dealing, and see what the outcome would be. An employee is licensed to perform certain medical procedures, but he is terminated for refusing to perform a procedure he is not licensed to perform.

Think about the following question from the point of view of the violation of public policy or breach of a covenant of good faith and fair dealing, and see what the outcome would be. An employee is licensed to perform certain medical procedures, but he is terminated for refusing to perform a procedure he is not licensed to perform.

In this case, public policy was violated since the employee was asked to perform an unlawful task. Performing a specific medical procedure without the corresponding license violates the corresponding criminal statutes. As it is known, medical procedures performed by unlicensed clinicians may be dangerous for the patient’s health and lead to severe negative consequences.

Therefore, the termination of the medical worker is unjustified and can be recognized as a violation of public policy. The employee may have a claim against his termination in court, and he will most likely win the case and be allowed to recover in his former working position.

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Academic.Tips. (2023) 'Think about the following question from the point of view of the violation of public policy or breach of a covenant of good faith and fair dealing, and see what the outcome would be. An employee is licensed to perform certain medical procedures, but he is terminated for refusing to perform a procedure he is not licensed to perform'. 10 March.

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Academic.Tips. (2023, March 10). Think about the following question from the point of view of the violation of public policy or breach of a covenant of good faith and fair dealing, and see what the outcome would be. An employee is licensed to perform certain medical procedures, but he is terminated for refusing to perform a procedure he is not licensed to perform. https://academic.tips/question/think-about-the-following-question-from-the-point-of-view-of-the-violation-of-public-policy-or-breach-of-a-covenant-of-good-faith-and-fair-dealing-and-see-what-the-outcome-would-be-an-employee-is-li/

References

Academic.Tips. 2023. "Think about the following question from the point of view of the violation of public policy or breach of a covenant of good faith and fair dealing, and see what the outcome would be. An employee is licensed to perform certain medical procedures, but he is terminated for refusing to perform a procedure he is not licensed to perform." March 10, 2023. https://academic.tips/question/think-about-the-following-question-from-the-point-of-view-of-the-violation-of-public-policy-or-breach-of-a-covenant-of-good-faith-and-fair-dealing-and-see-what-the-outcome-would-be-an-employee-is-li/.

1. Academic.Tips. "Think about the following question from the point of view of the violation of public policy or breach of a covenant of good faith and fair dealing, and see what the outcome would be. An employee is licensed to perform certain medical procedures, but he is terminated for refusing to perform a procedure he is not licensed to perform." March 10, 2023. https://academic.tips/question/think-about-the-following-question-from-the-point-of-view-of-the-violation-of-public-policy-or-breach-of-a-covenant-of-good-faith-and-fair-dealing-and-see-what-the-outcome-would-be-an-employee-is-li/.


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Academic.Tips. "Think about the following question from the point of view of the violation of public policy or breach of a covenant of good faith and fair dealing, and see what the outcome would be. An employee is licensed to perform certain medical procedures, but he is terminated for refusing to perform a procedure he is not licensed to perform." March 10, 2023. https://academic.tips/question/think-about-the-following-question-from-the-point-of-view-of-the-violation-of-public-policy-or-breach-of-a-covenant-of-good-faith-and-fair-dealing-and-see-what-the-outcome-would-be-an-employee-is-li/.

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"Think about the following question from the point of view of the violation of public policy or breach of a covenant of good faith and fair dealing, and see what the outcome would be. An employee is licensed to perform certain medical procedures, but he is terminated for refusing to perform a procedure he is not licensed to perform." Academic.Tips, 10 Mar. 2023, academic.tips/question/think-about-the-following-question-from-the-point-of-view-of-the-violation-of-public-policy-or-breach-of-a-covenant-of-good-faith-and-fair-dealing-and-see-what-the-outcome-would-be-an-employee-is-li/.

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Think about the following question from the point of view of the violation of public policy or breach of a covenant of good faith and fair dealing, and see what the outcome would be. An employee was fired from his job as a security manager for a medical center because he was suspected of making an obscene phone call to another employee and refused to submit to voice print analysis to confirm or refute the accusation. He sued the employer for wrongful discharge, claiming that the employer's request violated public policy. A state statute prohibits an employer from requiring an employee to submit to a polygraph examination as a condition or precondition of employment.
Think about the following question from the point of view of the violation of public policy or breach of a covenant of good faith and fair dealing, and see what the outcome would be. A legal secretary was hired by a law firm. The Letter of Employment stated, "In the event of any dispute or claim between you and the firm ... including, but not limited to, claims arising from or related to your employment or the termination of your employment, we jointly agree to submit all such disputes or claims to confidential binding arbitration, under the Federal Arbitration Act." On his third day of work, the employee informed his superiors that he would not agree to arbitrate disputes. He was told that the arbitration provision was "not negotiable" and that his continued employment was contingent upon signing the agreement. The employee declined to sign the agreement and was discharged.
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