Kristie Ho v. Tulsa Sprine & Specialty Hospital, L.L.C.

Tulsa, Oklahoma employment law lawyers represented the Plaintiff who sued on a wrongful termination theory.

Kristi Ho, a nurse, sued her employer, appellee Tulsa Spine & Specialty Hosptial, L.L.C., alleging that the Hospital fired her because she would not come to work. She refused to go to work because of concern for her health and safety. She alleged the Hospital violated the Governor's directive to discontinue elective surgeries for a short time during a COVID-19 pandemic, and it did so without providing her proper personal protective equipment. The Hospital filed a motion to dismiss, arguing that the nurse was an employee-at-will, and that she failed to state a claim for wrongful discharge under Oklahoma law. The trial court agreed, and dismissed the lawsuit. The nurse appealed, and the Oklahoma Supreme Court retained the case to address a matter of first impression: whether the Governor's temporary emergency COVID orders expressed public policy necessary to apply an exception to at-will employment which would support an action for wrongful discharge. After review, the Court held that because the Legislature expressly granted the Governor authority to issue temporary emergency orders, and the orders expressed the established public policy of curtailing an infectious disease, the exception to at-will employment as articulated by Burk v. K-Mart Corp., 770 P.2d 24 and its progeny, was applicable

from March 24, 2020, until April 30, 2020.



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Tulsa Spine & Specialty Hospital, L.L.C, (hospital/employer) hired the plaintiff/appellant, Kristie Ho (employee/nurse) in December of 2012. She insists that she was an exemplary at-will employee with positive performance reviews. On February 20, 2020, a little more than two months before she was terminated, the nurse's reviewing manager gave her a glowing "Excellent Performance" review. It identified her as an asset who was responsive, positive, respectful, accountable, dependable, a great mentor and teacher, with a strong work ethic.



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Plaintiff was terminated on April 27, 2020.



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On June 2, 2020, the nurse filed an action for wrongful discharge in the District Court of Tulsa County. She alleged that the employer terminated her in violation of the public policy of the State of Oklahoma because she declined to come to work without adequate and appropriate personal protective equipment or to provide nursing services for elective surgeries when, to do so, was a violation of the Governor's executive order banning such surgeries.4...

Ho v. Tulsa Spine & Specialty Hosp., L.L.C., 507 P.3d 673 (Okla. 2021)



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On June 2, 2020, the nurse filed an action for wrongful discharge in the District Court of Tulsa County. She alleged that the employer terminated her in violation of the public policy of the State of Oklahoma because she declined to come to work without adequate and appropriate personal protective equipment or to provide nursing services for elective surgeries when, to do so, was a violation of the Governor's executive order banning such surgeries.4...



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On June 2, 2020, the nurse filed an action for wrongful discharge in the District Court of Tulsa County. She alleged that the employer terminated her in violation of the public policy of the State of Oklahoma because she declined to come to work without adequate and appropriate personal protective equipment or to provide nursing services for elective surgeries when, to do so, was a violation of the Governor's executive order banning such surgeries.4...



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Ho v. Tulsa Spine & Specialty Hosp., L.L.C., 507 P.3d 673 (Okla. 2021)



Ho v. Tulsa Spine & Specialty Hosp., L.L.C., 507 P.3d 673 (Okla. 2021)



Ho v. Tulsa Spine & Specialty Hosp., L.L.C., 507 P.3d 673 (Okla. 2021)



Ho v. Tulsa Spine & Specialty Hosp., L.L.C., 507 P.3d 673 (Okla. 2021)

Defendant's motion for summary judgment granted.



Reversed on appeal.



Settled for an undisclosed sum.