Ho v. Tulsa Spine & Specialty Hospital, L.L.C.

Kristie Ho (plaintiff) had worked as a nurse for Tulsa Spine & Specialty Hospital, L.L.C. (the hospital) (defendant) since 2012. Ho was an at-will employee with excellent performance reviews. In March and April 2020, acting pursuant to authority granted by the state legislature, Oklahoma’s governor declared a statewide emergency due to the COVID-19 pandemic and required all medical providers in the state to postpone elective surgeries and minor medical procedures until April 30, 2020. Ho claimed that the hospital continued to perform elective surgeries during the prohibited time period and required Ho to render nursing services without providing proper personal protective equipment. Ho believed that the situation at the hospital was unsafe and expressed concerns to her manager and the hospital’s human-resources director. Ho indicated that she wanted to remain home until the governor’s ban on elective procedures was lifted, but the director told Ho that if Ho did not return to work, Ho’s absence would be regarded as a resignation. Ho chose to stay home, and the hospital terminated Ho’s employment. Ho brought a wrongful-discharge action against the hospital in Oklahoma state court. Ho claimed that her termination violated Oklahoma public policy because the hospital had terminated Ho for refusing to come to work without adequate personal protective equipment and refusing to provide nursing services during elective surgeries that the governor had banned. The hospital moved to dismiss, and the trial court granted the motion. Ho appealed, and the Oklahoma Supreme Court retained the case to analyze whether the governor’s temporary emergency COVID-19 orders were an expression of public policy for purposes of Ho’s wrongful-discharge action.