Assignment title: Management
Boris was a physician on the staff of a city hospital. He was an at-will
employee. He was a recent immigrant from an East European country that had a
healthcare system that was years behind that of the U.S. in terms of technology and
equipment. Consequently, equipment that was deemed to be obsolete in Boris's
hospital was often considered to me nearly state-of-the-art in his homeland. A
number of such pieces of lab equipment were targeted for disposal by his
department at the hospital. Without seeking permission, Boris rented a truck and
with the help of a friend, took the equipment from the hospital's rear loading dock
and, easily finding a buyer, shipped the equipment off to a healthcare facility in his
homeland. When the hospital learned what Boris had done, he was fired. The
hospital also called the police and filed a criminal complaint. However, when the
local DA studied the police report, she determined that the equipment had been
abandoned by the hospital and therefore no crime had been committed.
Does Boris have a claim of wrongful discharge? Does your answer change if
the hospital's employee handbook said that employees would be fired only for "good
cause"?
Does your answer change if Boris had salvaged the equipment like this before,
but with the advance permission of the head of his department, and he assumed
that he had standing permission to continue doing so?