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Goodman v. Wesley Medical Center10/31/2003
failed to establish a prima facie case for retaliatory discharge. Wesley cross-appeals the trial court's decision that the KNPA establishes rules, regulations, and law which sufficiently support Goodman's alleged whistleblowing. In the alternative, Wesley argues that Goodman failed to raise any issues of material fact regarding Wesley's motive for her termination.
"Summary judgment is appropriate when the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. The trial court is required to resolve all facts and inferences which may reasonably be drawn from the evidence in favor of the party against whom the ruling is sought. When opposing a motion for summary judgment, an adverse party must come forward with evidence to establish a dispute as to a material fact. In order to preclude summary judgment, the facts subject to the dispute must be material to the conclusive issues in the case. On appeal, we apply the same rules and where we find reasonable minds could differ as to the conclusions drawn from the evidence, summary judgment must be denied." Bracken v. Dixon Industries, Inc., 272 Kan. 1272, 1274-75, 38 P.3d 679 (2002).
Kansas follows the common-law employment-at-will doctrine, which allows employers to terminate employees for good cause, for no cause, or even for the wrong cause. To prevail on a retaliatory discharge claim, an employee must demonstrate that he or she falls within one of the exceptions to the employment-at-will doctrine. Bracken, 272 Kan. at 1275. One of those exceptions is termination for whistleblowing. Palmer v. Brown, 242 Kan. 893, 900, 752 P.2d 685 (1988).
To establish a retaliatory discharge claim for whistleblowing, a plaintiff has the burden of proving the following elements by clear and convincing evidence:
" reasonably prudent person would have concluded the employee's co-worker or employer was engaged in activities in violation of rules, regulations, or the law pertaining to public health, safety, and the general welfare; the employer had knowledge of the employee's reporting of such violation prior to discharge of the employee; and the employee was discharged in retaliation for making the report." Palmer, 242 Kan. at 900.
In addition, the employee must prove that any whistleblowing was done in good faith based on a concern regarding the wrongful activity reported rather than for a corrupt motive like malice, spite, jealousy, or personal gain. 242 Kan. at 900.
The employee must first establish a prima facie case. If that is done, the employer then bears the burden of producing evidence that the employee was terminated for a legitimate nondiscriminatory reason. If that takes place, the burden then shifts back to the employee to produce evidence that the employer's motives were pretextual. To avoid summary judgment, the employee must assert specific facts disputing the employer's motive for termination. Bracken, 272 Kan. at 1276.
Cross-appeal
Before analyzing Goodman's first issue, we must consider Wesley's cross-appeal regarding Goodman's claim that she was reporting violations of the KNPA.
Goodman contends that she was reporting violations pursuant to K.S.A. 65-1120(a)(3), which provides that a nursing license can be revoked or suspended if the nurse is found to have committed an act of professional incompetency as defined by K.S.A. 65-1120(e).
K.S.A. 65-1120(e) defines professional incompetency as:
"(1) One or more instances involving failure to adhere to
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