Smith v. Wesley Health Sys., LLC


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Docket Number: 2009-CA-01619-COA

Court of Appeals: Opinion Link
Opinion Date: 11-16-2010
Opinion Author: Irving, J.
Holding: Affirmed.

Additional Case Information: Topic: Contract - Termination of employment - At-will employee - Critical offense
Judge(s) Concurring: King, C.J., Lee and Myers, P.JJ., Griffis, Barnes, Ishee, Roberts, Carlton and Maxwell, JJ.
Procedural History: Summary Judgment
Nature of the Case: CIVIL - CONTRACT

Trial Court: Date of Trial Judgment: 08-31-2009
Appealed from: Lamar County Circuit Court
Judge: Prentiss Harrell
Disposition: SUMMARY JUDGMENT ENTERED ON BEHALF OF EMPLOYER
Case Number: 2007-379

  Party Name: Attorney Name:   Brief(s) Available:
Appellant: Diane Smith, R. N.




FRANK CHANDLER BREESE III



 
  • Appellant #1 Brief
  • Appellant #1 Reply Brief

  • Appellee: Wesley Health System, LLC d/b/a Wesley Medical Center JEFFREY A. WALKER  

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    Topic: Contract - Termination of employment - At-will employee - Critical offense

    Summary of the Facts: After her employment with Wesley Health System, LLC was terminated, Diane Smith sued Wesley Health, alleging breach of contract and defamation. Wesley Health filed a motion for summary judgment, which the circuit court granted. Smith appeals.

    Summary of Opinion Analysis: The circuit court found that Smith was an at-will employee. The circuit court based its ruling on documents that Smith had signed upon her employment with Wesley Health. For example, Smith’s employment application reads as follows: “I understand that my employment and compensation can be terminated with or without notice at anytime [sic] at the option of [Wesley Health] or myself. Nothing in this application of employment should be construed to constitute a contract of employment between [Wesley Health and myself]. . . .” Smith also signed an acknowledgment card and receipt for an employee handbook. Per the language in the sign-on agreement, Wesley Health agreed to pay Smith $6,000 if she remained under its employ for twelve months–nothing more, nothing less. Moreover, section 4.1.2 (C) suggests that Smith was an at-will employee who could be terminated for “whatever reason.” Smith acknowledged in her deposition that, pursuant to the employee handbook, employees who commit “critical offenses” can be terminated. She also agreed that critical offenses are defined as “[a]cts or conduct detrimental to patient care, customer service, or facility operations.” Smith admitted that she failed to monitor another nurse’s patient after the nurse asked her to do so and also declined to notify anyone else that the patient needed to be monitored. It is reasonable to conclude that the failure to monitor a patient that results in the death of a fetus would be considered a critical offense.


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