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Judge failed contract law.
I'm sure the employee handbook cited in the complaint specifies the hospital's requirements for employee behavior, decorum, etc., which form a condition of employment. And, the complaint specifically cites a promise made by the hospital to the employee with regard to the procedures he could expect the hospital to follow in administering discipline and investigating an employee's breach of the conditions of employement. Under contract law, the employee handbook becomes a part of the employment contract and AS LONG AS THE EMPLOYEE IS EMPLOYED BY THE HOSPITAL, he has a contractual right to expect the hospital to follow its own procedures.

When the hospital refused to investigate the complaint against the employee and issued what amounted to a summary judgment, they breached the employment contract WHILE THE EMPLOYEE WAS STILL EMPLOYED.

That the employee was subsequently discharged for no reason, which is the hospital's right under the at-will doctrine, is irrelevant. The hospital's breach of the employment contract occurred before the employee was terminated.

That an employer can fire you for being dead doesn't "cure" the cirme of the employer shooting you in the first place. The judge is an idiot at best.
Posted by: deleweye   Posted on: 10/03/07 You are currently: a Guest | Members login | Terms of Use
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Please list the case number  srobtjones@... | 10/03/07
Case Info  jamie@... | 10/03/07
Sounds to me like this guy got screwed...  BitTwiddler | 10/03/07
agreed (nt)  Badgered | 10/03/07
He could have been set up  Zolar | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  mejohnsn | 10/03/07
Smells like Republican judicial appointee  Chad_z | 10/03/07
Message has been deleted.  mflemming@... | 10/03/07
sure does...  andyILM | 10/03/07
Boo Hoo, someone said something nasty about those poor widdle Wepublicans!  mreilly19 | 10/03/07
Maybe politicians shouldn't be hypocrites.  HypnoToad72 | 10/04/07
RE: Police Blotter: Fired worker blames porn on malware  bmfische | 10/03/07
This is at will employment  gtvr | 10/03/07
True enough  voska | 10/03/07
They can fire you for no reason, sure, but they gave one  laura.b | 10/03/07
I agree - defamation occurred.  jlafitte | 10/05/07
You are not only  RS9 | 10/03/07
Judge failed contract law.  deleweye | 10/03/07
What contract is that...  RS9 | 10/03/07
Illiterate...  deleweye | 10/04/07
Fired worker  HandsomeandCutie | 10/03/07
it's also defamation  jlafitte | 10/05/07
It sounds like they fired him with no proof whatsoever. They did not even  DonnieBoy | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  chuck@... | 10/03/07
IANAL but...  slopoke | 10/03/07
You still have to be careful  voska | 10/03/07
Geez, get off the technical drift...  RS9 | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  nwoodson@... | 10/03/07
You made a great point  laura.b | 10/03/07
not sexist, just technologically illiterate (nt)  conspicuouschick | 10/03/07
Use tinyurl.com  Linux User 147560 | 10/03/07
It appears that his  RS9 | 10/03/07
It's very possible that malware...  bjbrock | 10/03/07
Lost Productivity?  panzrwagn | 10/03/07
Was his using the Web for nonbusiness reasons proven?  jlafitte | 10/05/07
The funny thing about at will employment  Shelendrea | 10/03/07
You read it wrong  Dunkleosteus | 10/03/07
Man, I would be so pissed  laura.b | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  pookiecrickett2@... | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  pgf_666@... | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  jbjayrace@... | 10/03/07
It's not just plausible, it's likely!  psyclone56 | 10/03/07
And another thing...  psyclone56 | 10/03/07
Why?  Linux User 147560 | 10/03/07
why? for greater chances of success  psyclone56 | 10/04/07
Agreed -- it happened at the bank  Phoenix666 | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  trumpet2@... | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  calvinsman-one@... | 10/03/07
Desire To Fire  usad | 10/03/07
RE: Police Blotter: Fired worker blames porn on malware  Riphly_z | 10/04/07
You wonder how many.  mike@... | 10/04/07
Law and technology don't work for the user  Boot_Agnostic | 10/05/07
RE: Police Blotter: Fired worker blames porn on malware  surfingdi | 10/05/07
The courts needs some computer education  www.cybertopcops.com | 11/08/07
Federal judges sit for life  texan3202@... | 11/08/07

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