Court of appeals rejects wrongful discharge claim

North Carolina is an employment-at-will state, although there are exceptions. Employees cannot be terminated for a reason that violates a statute or North Carolina public policy. A recent North Carolina Court of Appeals decision explores whether an internal complaint of a policy violation can rise to the level of North Carolina public policy.

Background

Robert Stevenson was employed by ANC Highlands Cashiers Hospital, Inc., as a registered nurse (RN) in the emergency department (ED). On December 11, 2016, he was working when his supervisor, Cindy Pierson, transferred an on-duty nursing assistant from the ED to another department, leaving him to work without assistance. ANC has a policy stating the ED shouldn’t be staffed by a single RN.

Stevenson sent an e-mail reporting the ANC policy violation to senior vice president of patient care services Kathy Guyette and Bob Bednarek, then CEO of the hospital. Guyette notified Pierson of the e-mail.

In January 2017, Pierson confronted Stevenson for reporting the policy violation. Approximately two weeks later, she informed him that his name came up in a random audit and he was required to submit to a mandatory drug test. He refused, so she informed him he would be terminated if he didn’t take the drug test immediately.

Stevenson was terminated by ANC on February 2, 2017, because he continued to refuse to submit to a drug test.

Lawsuit