Donald Dewayne Moore v. Warr Acres Nursing Center, LLC

Oklahoma City, Oklahoma employment law lawyer represented the Plaintiff who sued on a wrongful termination theory.

The Warr Acres Nursing Center terminated plaintiff Donald Moore's employment after he called in sick with influenza. The employee sued, alleging that he had been fired in violation of public policy. The trial court granted summary judgment to the Nursing Center, and Moore appealed. After review, the Oklahoma Supreme Court held that terminating a licensed practical nurse for missing work in a nursing center while infected with influenza would violate public policy, but disputed facts existed as to the reason for termination which precluded summary judgment. The Court reversed the trial court's judgment and remanded for further proceedings.





The employer, on March 23, 2011, again attempted to have the lawsuit dismissed and on April 18, 2011, the employee submitted 17 supplemental exhibits in opposition to the employer's motion to dismiss. These exhibits included copies of specific statutes, state and federal regulations and guidelines as well as caselaw, all of which will be discussed herein.5 The exhibits were not merely broad references to whole acts, but rather were specific sections with the applicable provisions underlined, so that the trial court could easily identify them. The trial court again dismissed the case for failure to state a claim upon which relief could be granted on May 12, 2011. The employee again appealed.





Moore v. Warr Acres Nursing Ctr., LLC., 2016 OK 28, 376 P.3d 894 (Okla. 2016)

Motion for summary judgment granted.



Reversed