Tuesday, November 10, 2015

employment - wrongful termination - public policy - health care worker - excessive overtime

Roman v. McGuire Memorial – Superior Court – November 9, 2015



Held:  An employee fired for not working mandatory overtime in a health care context has an implied right of action for wrongful termination, even though the relevant statute, Prohibition of Excessive Overtinme in Health Care Act, 43 P.S. 932.1 et seq.  (Act 102), does not provide a statutory remedy and there are no final regulations.    Act 102 establishes a clear public policy protecting health care workers from the kind of action the employer is alleged to have taken in this case.


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