DeKoning v. Flower Memorial Hospital

676 N.E.2d 614, 82 Ohio Misc. 2d 20, 1996 Ohio Misc. LEXIS 70
CourtLucas County Court of Common Pleas
DecidedOctober 17, 1996
DocketNo. CI92-0204
StatusPublished
Cited by5 cases

This text of 676 N.E.2d 614 (DeKoning v. Flower Memorial Hospital) is published on Counsel Stack Legal Research, covering Lucas County Court of Common Pleas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DeKoning v. Flower Memorial Hospital, 676 N.E.2d 614, 82 Ohio Misc. 2d 20, 1996 Ohio Misc. LEXIS 70 (Ohio Super. Ct. 1996).

Opinion

Charles J. Doneghy, Judge.

This wrongful discharge case is now before the court for judgment, findings of fact, and conclusions of law following a bench trial. Upon review of the pleadings, testimony of the witnesses, stipulated exhibits, arguments of the parties, applicable law, and an assessment of the credibility of the witnesses, the [23]*23court finds that the defendant, Flower Memorial Hospital (“Flower” or “the hospital”), is entitled to judgment and dismissal of all claims against it by the plaintiff, Margaret DeKoning.1

I. INTRODUCTION

In this case, the plaintiff argues that she was wrongfully discharged when Flower terminated her employment without just cause and when it deviated from established hospital policy, embodied in its employee handbook (“handbook”) and policy and procedure manuals, by terminating her employment because of her repeated tardiness without first suspending her. Flower counters that the plaintiffs employment relationship with Flower was terminable at will and, thus, Flower could fire her without cause; their relationship was not modified by the employee handbook, Flower’s hospitalwide management guidelines, or departmental guidelines; Flower made no promise regarding the duration of the plaintiffs employment or conditions of termination on which she relied to her detriment; and the plaintiffs discharge was proper.

II. FINDINGS OF FACT

1. On or before April 15, 1985, Flower made both verbal and written offers to employ the plaintiff in its pharmacy (“the pharmacy”) as a “Pharmacist Technician II.” She accepted both offers. She delivered a signed acceptance to the director of Flower’s pharmacy, David Waller, on or about April 15, 1985.

2. On the plaintiffs first day of employment, the hospital gave the plaintiff a copy of the handbook. The handbook outlined the hospital’s expectations for employee behavior and was intended for employee use. The attendance policy of the handbook reads as follows:

“One of the most important responsibilities as an employee is to be dependable and prompt in your attendance. Being absent from your job or late in arriving creates a hardship on your department and your fellow employees who may have to cover for you.
“When you are unable to report for work or will be late in reporting for work, you are responsible for notifying your supervisor or other designated persons as soon as possible, in keeping with department policies. You must also keep your supervisor informed if your absence will continue, and when you can be expected to return to work.
[24]*24“Your failure to personally advise your supervisor when you can’t report as assigned, for any reason, will mean that you lose eligibility for sick leave pay and don’t build up vacation time while you are gone. •
“Unreported or unexcused absences or tardiness can result in disciplinary action up to and including termination. Excessive absences or tardiness will be reviewed by your supervisor and corrective measures begun.” (Emphasis added.)

3. The pharmacy promulgated management guidelines intended for use by supervisory personnel in implementing that department’s policies. Approximately one year after beginning work at Flower, Waller gave the plaintiff a copy of the pharmacy’s policy and procedure guidelines that addressed the department’s ordinary tardiness guidelines. That document read as follows:

“POLICY.•
“The Department of Pharmacy and hospital expects and needs [sic ] employees to be in their area of work at the start of their scheduled shift. Tardiness will be defined as clocking in at any time past the start of the scheduled shift. The payroll policy of not docking employees pay for clocking in up to a tenth of an hour past the start of the scheduled shift is unaffected by the Pharmacy department definition of tardiness.
“PROCEDURE:
“1. The Secretary, being checked by the Pharmacy Manager/Assistant Manager, will determine instances of tardiness from employee timecards on a biweekly basis.
“2. Instances of tardiness will be recorded on the Employee Calendars maintained in the pharmacy department.
“3. An employee will be allowed up to three instances of tardiness during a month. Tardiness greater than three incidents per month may result in progressive disciplinary action.
“4. The progressive disciplinary action plan for a twelve (12) month period will be the following sequence: Counseling, Oral Reprimand, Written Reprimand, Suspension and Termination.
“5. Occasions (e.g. bad weather) when it is not possible to get to work at the start of the scheduled shift will be taken into consideration.” (Emphasis added.)

4. The hospital also promulgated guidelines for “corrective discipline” and “rules of conduct” in the hospitalwide policy and procedure manual at Sections 2:10-A and 2:10-B, respectively (collectively referred to as “Corrective Discipline”), to address extraordinary and/or chronic violations of departmental policies. In relevant part, Section 2:10-A reads as follows:

[25]*25“When management/supervision must intervene in a situation in which the employee has failed to evidence self-discipline, CORRECTIVE DISCIPLINE is instituted to prevent the specific or similar behavior from occurring again. « * * *
“3. The forms of corrective discipline, listed in ascending order of severity but not necessarily sequential or inclusive, are as follows:
“a. Reminder/Reprimand * * *
“b. Warning
« * * sis
“6. If several problem(s)/infraction(s) occur which adversely affect job performance, organizational efficiency and/or the reputation of the organization, and the combination constitutes a more serious discipline problem than any one by itself, stronger action than the minimum prescribed for the last incident will be taken. In a most serious case, multiple problem(s)/infraction(s) may result in involuntary termination of employment. * * *
“7. Failure to make reasonable effort to respond to corrective discipline may result in involuntary termination [of] employment. * * *” (Emphasis added.)

Section 2:10-B reads in pertinent part as follows:

“3. Violations Subject to Immediate Discharge:
ti ijs í|í %
“q. CONTINUED FAILURE TO RESPOND TO CORRECTIVE DISCIPLINE: Continued failure to change or improve after corrective discipline is taken. Violations of these Rules of Conduct or problems occurring in multiples of two or more (either concurrently or over time), which in combination constitute an unacceptable work record or a discipline problem of such seriousness that discharge is required.
“All violations cannot be totally defined or listed.

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Cite This Page — Counsel Stack

Bluebook (online)
676 N.E.2d 614, 82 Ohio Misc. 2d 20, 1996 Ohio Misc. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dekoning-v-flower-memorial-hospital-ohctcompllucas-1996.