Workplace Law Scenario Analysis NameInstitutionInstructorCourseDate Workplace Law Scenario AnalysisOrganizations have laws and rules that are aimed at providing guidance to employees pertaining to different aspects of the organization. All employees should adhere to these rules and regulations to prevent them from suffering consequences that are associated with breaking some of these rules which may include dismissal from employment (Pozgar, 2014). However, to prevent organizations from firing employees at will with no reason, the government has enacted laws that protect employee’s rights to prevent employees from suffering the negative effects associated with unfair dismissal from employment. For employers to avoid the consequences of breaking these laws, it is important for them to understand what laws can be applied based on different scenarios (Pozgar, 2014). Scenario 1This scenario involves Nurse Deb who was terminated from her employment after she refused to obtain her annual flu vaccination as mandated by her hospital’s policy. This is attributed to the reason that Nurse Deb is a big supporter of the antivaccination movement. Nurse Deb has decided to file a wrongful termination suit.What Evidence Does Nurse Deb Have That Could Help Her Win The Case?For Nurse Deb to successfully win her case against the hospital, it is important for her to produce evidence that the hospital broke specific rules in terminating her from her employment (Pozgar, 2014). If the employment contractual agreement does not allow for the termination of her job based on certain reasons, the hospital would be required to compensate her for any loss incurred as well as reinstate her to her previous position (Pozgar, 2014). A wrongful termination involves being dismissed for illegal reasons according to the law which involves violating federal laws, employment agreements, or labor laws. Nurse Deb has to prove that the nurse manager broke these rules (Pozgar, 2014). The hospital’s policy may be unfair to everyone based on her personal aspects that may be used as a reason to nullify the termination process.What Law Protects The Hospital’s Mandated Vaccination Procedures?Healthcare facilities have rules and regulations that are meant to enhance the healthcare delivery process. Some of these rules have been enacted by the government in the aim of protecting public health by addressing some of the communicable disease outbreaks that may negatively affect the provision of healthcare services (Barraza, Schmit, & Hoss, 2017). The vaccination law is aimed at maintaining low rates of vaccine preventable diseases by giving healthcare facilities the right to make vaccination mandatory for all healthcare workers. These vaccines may address diseases such as influenza and hepatitis B (Barraza, Schmit, & Hoss, 2017). The current healthcare policies and legal framework that is based on ethical principles supports mandatory vaccination since this is aimed to serve public health. Majority of state jurisdictions have already supported the enactment of mandatory vaccinations to reduce hospital-acquired infections (Barraza, Schmit, & Hoss, 2017).How Concerned Should The Hospital Be If The Lawsuit Is A Success?The hospital can suffer a negative impact in compensating for the claims demanded by the plaintiff. If the lawsuit is a success, this will mean that the hospital went against the employee’s rights by violating the contractual agreements as well as the laws protecting employee’s rights (Goodwin, 2016). Wrongful termination may incur fines and fees where the employer is required to pay the victim a specific amount of money or ensure a continuous payment of salary for a certain period. If the employer is found to have violated some of the laws, the hospital may be required to pay a fine to compensate the employee of any losses due to the dismissal (Goodwin, 2016). This may also negatively impact the reputation of the hospital in various aspects affecting its performance. This is because new workers may be discouraged to join the institution for fear of suffering a similar fate regardless of the situation leading to the termination of employment for the employee (Goodwin, 2016).Scenario 2This scenario involves Joe Gomez who was fired by his manager after he found out that Joe was not using OSHA-approved filters on the HVAC system which protects patients from harmful viruses and bacteria. Joe had reported this issue to the compliance officer where he was fired the next day.How Concerned Should You Be About The Termination Of Joe?As a plant operations specialist, Joe is expected to ensure that every system is working effectively to achieve the desired goals. Any action taken by Joe should be based on the organization’s rules that determine what kind of parts should be used for their systems (Sweeney, LeMahieu, & Fryer, 2017). If Joe went against the rules of the organization, this may warrant a punishment as well as dismissal from employment. However, it is also important to determine the kind of employment agreement made between Joe and the organization (Sweeney, LeMahieu, & Fryer, 2017). This will provide the basis for termination or any action that will be taken against Joe. Since Joe reported this issue to the compliance officer, he had played his part and now it was the responsibility of the compliance officer to take the necessary steps (Sweeney, LeMahieu, & Fryer, 2017).What Legal Principles Are Involved?One of the legal principles that is involved in this scenario is terminating an employment agreement which may have several negative effects on the organization. Based on the employment contract, dismissing an employee from an organization without any valid reasons may be termed as breaking the terms of the contract as well as violating the employee’s rights (Goodwin, 2016). The only time an employer is allowed to terminate an employee’s contract is if the employee did not fulfill the contract agreement or was hired using an at-will employment that gives the employer such rights. Since the employee performed his duty by reporting this to the compliance officer, there is no reason why the employee was dismissed from his work (Goodwin, 2016). This reduces the reasons that can be used to defend the hospital in making such a decision. If Joe Was A Member Of The Local Employee Services Union, Does This Make The Termination Different?Being a member of the local employee services union is important and beneficial to employees as these unions protect employees from different negative effects that may include unjust dismissal from employment (Pozgar & Santucci, 2018). Unions provide workplace protections where these unions can bargain with the employer in addressing some of the disputes that led to unjust dismissal from employment as well as compensation for any losses incurred due to the dismissal (Pozgar & Santucci, 2018). These unions can negotiate with the employer which minimizes the risk of being unjustly dismissed from an organization compared to an individual negotiating independently. This may also be applied in at-will employment where the employer can fire employees for no reason (Pozgar & Santucci, 2018). However, not all reasons are valid as some of the reasons may be termed as going against employee laws. ReferencesBarraza, L., Schmit, C., & Hoss, A. (2017). The Latest in Vaccine Policies: Selected Issues in School Vaccinations, Healthcare Worker Vaccinations, and Pharmacist Vaccination Authority Laws. The Journal of law, medicine & ethics: a journal of the American Society of Law, Medicine & Ethics, 45(1), 16–19. Goodwin, B. (2016). How to avoid malpractice suits related to APPs. Urology Times, 44(6), 40.Pozgar, G. D. (2014). Legal and ethical essentials of health care administration. Burlington, Mass: Jones & Bartlett Learning.Pozgar, G. D., & Santucci, N. M. (2018). Legal aspects of health care administration. Burlington, MA: Jones & Bartlett Learning.Sweeney, C. F., LeMahieu, A., & Fryer, G. E. (2017). Nurse Practitioner Malpractice Data: Informing Nursing Education. Journal of Professional Nursing, 33(4), 271-275.
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