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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