Issue: "was there a public policy exception to the Missouri employment-at-will doctrine?"

Irrational reason. there can be no right to terminate such employment for an unlawful reason or purpose that contravenes public policy." 0 PA WNG HER WAY TO HEAVEN Citation: Kirk v. Mercy Hosp. Tit-County, 851 S.W2d 617 (Mo. Ct. App. 1993) 1208 Facts A short time after a patient had been admitted to Mercy Hospital. Kirk. the charge nurse. determined the patient was suffering from toxic shock syndrome. Knowing that death would resuit ifle untreated. Kirk assumed the physician would order antibiotics. After a period of time passed without having received such orders. Kirk discussed the patient's condition with the nursing director. The director asked Kirk to document. report the facts. and \"stay out of It.\" Kirk discussed the patient's condition and tact: of orders with the chief of staff. Although the chief of staff took appropriate steps to treat the patient. the patient later died. A member of the patients family informed the nursing director that Kirk offered to obtain a copy of the medical records. The director was later told that Kirk was heard to say that the physician was \"paving the patient's way to heaven.\" Kirk was later terminated. Alter her tenninatlon. Kirk received a letter from the hospital that directed her to refrain from melting any further false statements about the hospital and its staff. Kirk then led a lawsuit. The trial court entered a summary iudgment for the defendant-hospital. stating that there were no friable issues of fact and there was no public policy exception to Kirk's et-wlll termination. The court could not nd any law or regulation prohibiting the hospital from discharging Kirk. who later appealed the court's decision. Was there a public policy exception to the Missouri employment-atwlll doctrine? Holding The Missouri Court of Appeals reversed the granting of summary Judgment and remanded the case for trial. holding that the Nursing Practice Act (NPA) provided a clear mandate of public policy that nurses had a duty to provide the best possible care to patients. Reason Public policy clearly mandates nurses have an obligation to serve the best interests of patients. Therefore. if Kirk refused to follow her supervisor's orders to stay out of a case where the patient was dying from a tact: of proper medical treatment. there would be no grounds for her discharge under the public policy exception to the employment-atwlll doctrine. Pursuant to the NPA. the plaintiff risked discipline if she ignored improper treatment of the patient Kirk's persistence in attempting to get the proper 1209