Wrongly Dismissed from His Duty Research Essay

Because Mr. Marsh wasn’t fired due to any wrongdoing on his part, this is a legal truth. It is not a violation of the law for him to report a regulation violation at the clinic.

Not enough time was given for Mr. Marsh to present his case.

Mr. Marsh ought to have been properly provided the opportunity to defend his actions and at the very least given a valid explanation for why he was fired.

He informed authorities that there was illegal activity going on at the community nursing center.

Mr. Marsh did, in fact, disclose illegal activity occurring at work; therefore, the court should see his action as a way of supporting the rule of law as opposed

to the violation of privacy policy.

The Employee’s Handbook Offers the Basis for Termination.

Another legal fact is that the handbook, even if it is not a contractual information, offers the basis for dismissal of an employee, therefore, it should have been followed when dismissing Mr. Marsh.

The Demand letter

a. What should be stressed in the letter:

i. The fact that Mr. Marsh reported an illegal activity in the clinic;

ii. That Mr. Marsh was not given an opportunity to express himself during the dismissal process;

iii. Mr. Marsh to be reinstated to his previous position;

iv. Mr. Marsh to be compensated for his loss during the period he was dismissed including his legal fee.

b. What to avoid in the demand letter:

i. Emotional aspects;

ii. The fact that the note was submitted to a relative

Legal Basis Section

Staggs v. Blue Cross of Md., Inc.

According to the law, as represented in the case of Staggs v. Blue Cross of Md., Inc., there is an implied contract between Mr. Marsh and Shearer-Quigley Hospital’s Employee Dismissal Policy (page 7 in Employment Handbook). The handbook becomes part of the contract as noted in that breach of any of the policies can lead to dismissal of the employee. In this light, the fact that Mr. Marsh was not dismissed in accordance with the policies means that he should be compensated and reinstated to his position.

Work Cited

Staggs v. Blue Cross of Md., Inc., 61 Md. App. 381, 486 A.2d 798, cert. denied, 303 Md. 295, 493 A.2d 349 (1985).