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Tracy A. Peuplie v. Oakwood Retirement Village, Inc., d/b/a Golden Oaks Nursing Home
Date: 07-22-2020
Case Number:
Judge:
Court: District Court, Garfield County, Oklahoma
Plaintiff's Attorney:
Click Here For The Best Enid Employment Law Lawyer Directory
Defendant's Attorney: Douglas L. Jackson
Description:
Peuplie began working for the Defendant nursing home as a CNA (certified nursing assistant) on March 5, 2016 and her employment was terminated on February 2, 2017, for what Defendant said was a violation of its social media policy.1 On January 23, 2017, Peuplie posted two entries on her Facebook account, making negative comments about her employer and fellow employees, although neither Golden Oaks Nursing Home, Oakwood Retirement Village, nor any fellow employees were mentioned by name within the text of the posts. The posts read as follows:
10:33am: It's just amazing in 30 years I have never in my life worked with an administration staff or a nursing crew that just don't give a shit!!!! God I wish I could find another place to work weekend doubles with my copilot!!!!!
12:34pm: I FEEL SORRY FOR THE ELDERLY AND THE NEXT GENERATION TO TAKE CARE OF THEM THEY HAVE NO WORK ETHICS OR EVEN CARE!!! ITS VERY SAD YOUR BETTER OFF LIVING UNDER A BRIDGE IN A BOX THE HOMELESS TAKE BETTER CARE OF EACH OTHER!!!!! IM JUST REALLY DISAPPOINTED IN WHAT I HAVE SEEN AND WORKED WITH LATELY ITS VERY SAD AND HEARTBREAKING ANYWAY THANK YOU TO ALL OF YOU WHO DO MAKE A DIFFERENCE KEEP IT UP!!!!!
Defendant filed a motion for summary judgment.
In Burk v. K-Mart, the Oklahoma Supreme Court adopted a "public policy exception to the at-will termination rule" in which "[a]n employer's termination of an at-will employee in contravention of a clear mandate of public policy is a tortious breach of contractual obligations." Burk, 770 P.2d at 28. A Burk claim must allege 1) an actual or constructive discharge, 2) of an at-will employee, 3) for a reason that violates an Oklahoma public policy goal, 4) the public policy goal is found in the Oklahoma constitution, statutes, or decisional law or in a federal constitutional provision that prescribes a norm of conduct for Oklahoma and 5) no statutory remedy exists that is otherwise adequate to protect the public policy goal. Vasek v. Bd. of County Comm'rs of Noble County, 2008 OK 35, ΒΆ14, 186 P.3d 928, 932.
Peuplie v. Oakwood Ret. Vill., Inc., 2020 OK CIV APP 40, Case Number: 117019 (Okla. Civ. App. Jul 22, 2020)
Enid, Oklahoma employment law lawyer represented the Plaintiff who sued on a wrongful termination theory.
Peuplie began working for the Defendant nursing home as a CNA (certified nursing assistant) on March 5, 2016 and her employment was terminated on February 2, 2017, for what Defendant said was a violation of its social media policy.1 On January 23, 2017, Peuplie posted two entries on her Facebook account, making negative comments about her employer and fellow employees, although neither Golden Oaks Nursing Home, Oakwood Retirement Village, nor any fellow employees were mentioned by name within the text of the posts. The posts read as follows:
10:33am: It's just amazing in 30 years I have never in my life worked with an administration staff or a nursing crew that just don't give a shit!!!! God I wish I could find another place to work weekend doubles with my copilot!!!!!
12:34pm: I FEEL SORRY FOR THE ELDERLY AND THE NEXT GENERATION TO TAKE CARE OF THEM THEY HAVE NO WORK ETHICS OR EVEN CARE!!! ITS VERY SAD YOUR BETTER OFF LIVING UNDER A BRIDGE IN A BOX THE HOMELESS TAKE BETTER CARE OF EACH OTHER!!!!! IM JUST REALLY DISAPPOINTED IN WHAT I HAVE SEEN AND WORKED WITH LATELY ITS VERY SAD AND HEARTBREAKING ANYWAY THANK YOU TO ALL OF YOU WHO DO MAKE A DIFFERENCE KEEP IT UP!!!!!
Defendant filed a motion for summary judgment.
In Burk v. K-Mart, the Oklahoma Supreme Court adopted a "public policy exception to the at-will termination rule" in which "[a]n employer's termination of an at-will employee in contravention of a clear mandate of public policy is a tortious breach of contractual obligations." Burk, 770 P.2d at 28. A Burk claim must allege 1) an actual or constructive discharge, 2) of an at-will employee, 3) for a reason that violates an Oklahoma public policy goal, 4) the public policy goal is found in the Oklahoma constitution, statutes, or decisional law or in a federal constitutional provision that prescribes a norm of conduct for Oklahoma and 5) no statutory remedy exists that is otherwise adequate to protect the public policy goal. Vasek v. Bd. of County Comm'rs of Noble County, 2008 OK 35, ΒΆ14, 186 P.3d 928, 932.
Peuplie v. Oakwood Ret. Vill., Inc., 2020 OK CIV APP 40, Case Number: 117019 (Okla. Civ. App. Jul 22, 2020)
Outcome:
Motion granted.
Affirmed on appeal.
Affirmed on appeal.
Plaintiff's Experts:
Defendant's Experts:
Comments:
About This Case
What was the outcome of Tracy A. Peuplie v. Oakwood Retirement Village, Inc., d/b...?
The outcome was: Motion granted. Affirmed on appeal.
Which court heard Tracy A. Peuplie v. Oakwood Retirement Village, Inc., d/b...?
This case was heard in District Court, Garfield County, Oklahoma, OK.
Who were the attorneys in Tracy A. Peuplie v. Oakwood Retirement Village, Inc., d/b...?
Plaintiff's attorney: Click Here For The Best Enid Employment Law Lawyer Directory. Defendant's attorney: Douglas L. Jackson.
When was Tracy A. Peuplie v. Oakwood Retirement Village, Inc., d/b... decided?
This case was decided on July 22, 2020.