Deerman v. Beverly California Corp.

518 S.E.2d 804, 135 N.C. App. 1, 15 I.E.R. Cas. (BNA) 953, 1999 N.C. App. LEXIS 910
CourtCourt of Appeals of North Carolina
DecidedSeptember 21, 1999
DocketCOA98-135-2
StatusPublished
Cited by11 cases

This text of 518 S.E.2d 804 (Deerman v. Beverly California Corp.) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Deerman v. Beverly California Corp., 518 S.E.2d 804, 135 N.C. App. 1, 15 I.E.R. Cas. (BNA) 953, 1999 N.C. App. LEXIS 910 (N.C. Ct. App. 1999).

Opinion

*2 JOHN, Judge.

Plaintiff appeals the trial court’s dismissal pursuant to N.C.G.S. § 1A-1, Rule 12(b)(6) (1990) (Rule 12(b)(6)) of her complaint alleging wrongful discharge from employment by defendant. Upon careful review, we reverse.

Pertinent factual allegations contained in plaintiffs complaint, filed 11 July 1997, included the following:

2. The Plaintiff is and was at all relevant times herein a registered nurse licensed by the State of North Carolina.
3. The Plaintiff was hired by the Defendant as a registered nurse at its Brentwood Hills Nursing Center in Buncombe County, North Carolina on June 25, 1994; the Plaintiff was promoted to the job of Care Plan Coordinator in January, 1995.
4. The Plaintiff was responsible for managing medical care and treatment for all patients at the Defendant’s facility ....
5. Prior to July, 1995, the Plaintiff had never been advised by administrative or supervisory personnel at the Brentwood Hills Nursing Center that her performance was in any way inadequate or incompetent and she was given a promotion shortly before July, 1995.
6. In July, 1995, the Plaintiff’s salary was based on an hourly wage of $16.50 per hour and she averaged approximately 45 hours each week.
7. In and prior to July of 1995, the Plaintiff was providing nursing services to a patient at the Brentwood Hills Nursing Center; this patient began losing weight, having hallucinations, psychiatric symptoms and acute distress; the Plaintiff documented and reported all of the patient’s medical difficulties to the patient’s physician; the Plaintiff also attempted to contact the patient’s physician by telephone, but the physician would not return her telephone calls; the Plaintiff observed that the patient’s condition was deteriorating and that she was in need of a change of treatment.
8. The Plaintiff was contacted by a member of the patient’s family regarding the patient’s difficulties and deteriorating condition; after the Plaintiff advised the patient’s family as to her concerns, one of the family members asked for the Plaintiff’s *3 advice as to what should be done for the patient and the Plaintiff advised that she would reconsider the choice of physicians in that the appropriate treatment had not been provided for her by her physician.
9. The Defendant, after being advised that the Plaintiff had advised the patient’s family that she would reconsider the choice of physicians for the patient, terminated the Plaintiff from her position of employment with the Defendant; the Defendant’s agents advised the Plaintiff that her termination was due to her advising the family of the patient that they should consider changing physicians for the patient.
10. The Plaintiff at all times performed her duties responsibly and competently while she was employed as a registered nurse for the Defendant.
11. After her discharge, the Plaintiff attempted to find work as a registered nurse at other facilities in the area with no success. .
12. As a result of her discharge, the Plaintiff has lost substantial amounts of income and fringe benefits, including, but not limited to, medical insurance, vacation pay, and retirement benefits ....

Plaintiff further alleged that in advising the patient’s family concerning choice of physicians, she had complied with the North Carolina General Statutes and the North Carolina Administrative Code regulating the practice of nursing. Therefore, plaintiff continued, termination of her employment by defendant was

in violation of the strong public policy favoring administering of nursing services to those acutely or chronically ill and the supervising by nurses of patients during convalescence and rehabilitation.

On 15 August 1997, defendant moved to dismiss plaintiff’s complaint under Rule 12(b)(6) for failure to state a claim upon which relief might be granted. In particular, defendant asserted that

[pjlaintiff was terminated for vocalizing to a patient’s family member her criticisms of the treatment provided to the patient by the attending physician, and recommending to the patient’s family member that the family select a different physician. The Defendants’ justification and motive as alleged in [plaintiff’s complaint] does not violate any public policy of North Carolina ....

*4 The trial court granted defendant’s motion 30 October 1997, and plaintiff timely appealed.

In reviewing the grant of a Rule 12(b)(6) motion, we must consider whether plaintiff was entitled to relief “under any state of facts which could be presented in support of the claim.” Barnaby v. Boardman, 70 N.C. App. 299, 302, 318 S.E.2d 907, 909 (1984), rev’d on other grounds, 313 N.C. 565, 330 S.E.2d 600 (1985). Further, the complaint must be liberally construed, Dixon v. Stuart, 85 N.C. App. 338, 340, 354 S.E.2d 757, 758 (1987), and all well-pleaded allegations therein taken as true, Sutton v. Duke, 277 N.C. 94, 98, 176 S.E.2d 161, 163 (1970). A Rule 12(b)(6) motion should be granted only if the pleading at issue “fails to allege a sufficient legal or factual basis for the claim, or reveals a fact which necessarily defeats the claim.” Wilmoth v. State Farm Mut. Auto Ins. Co., 127 N.C. App. 260, 261, 488 S.E.2d 628, 630, disc. review denied, 347 N.C. 410, 494 S.E.2d 601 (1997).

The parties herein do not contest plaintiffs employment status as an “at-will” employee.

[I]n the absence of a contractual agreement between an employer and an employee establishing a definite term of employment, the relationship is presumed to be terminable at the will of either party without regard to the quality of performance of either party.

Kurtzman v. Applied Analytical Industries, Inc., 347 N.C. 329, 331, 493 S.E.2d 420, 422 (1997).

In general, an at-will employee in this state may not maintain a claim for wrongful discharge. Sides v. Duke University, 74 N.C. App. 331, 336, 328 S.E.2d 818, 823, disc. review denied, 314 N.C. 331, 333 S.E.2d 490 and disc. review denied, 314 N.C. 331, 335 S.E.2d 13 (1985),

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Bluebook (online)
518 S.E.2d 804, 135 N.C. App. 1, 15 I.E.R. Cas. (BNA) 953, 1999 N.C. App. LEXIS 910, Counsel Stack Legal Research, https://law.counselstack.com/opinion/deerman-v-beverly-california-corp-ncctapp-1999.