Carl v. Children's Hospital, 702 A.2d 159 (1997)

Citation: Carl v. Children's Hospital, 702 A.2d 159 (1997)
Parent Document: Carl v. Children's Hospital, 702 A.2d 159 (1997)
Jurisdiction: DC (municipal)
Effective Date: 1997-09-23
Original Source: https://www.courtlistener.com/opinion/2395626/carl-v-childrens-hospital/ ↗

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These principles are profoundly relevant to at-will doctrine jurisprudence. In Novosel v. Nationwide Ins. Co., 721 F.2d 894 (3d Cir.1983), the plaintiff, a district claims manager for Nationwide, alleged that he was discharged for refusing to participate in Nationwide’s effort to lobby the Pennsylvania legislature in favor of proposed “no-fault” legislation, and for privately stating his opposition to the company’s political stand. The trial judge dismissed the complaint, but the Court of Appeals reversed. Applying Pennsylvania law, the appellate court concluded, inter alia, that “the protection of an employee’s freedom of political expression would appear to involve no less compelling a societal interest, than the fulfillment of jury service or the filing of a workers’ compensation claim.” Id. at 899. The court found it to be beyond doubt that “speech on public issues has always rested on the highest rung of the hierarchy of First Amendment values,” and that “the right to petition or not petition the legislature is incorporated within protected speech on public issues.” Id. & n. 7 (citations omitted). The court acknowledged that Nationwide was not a state actor, and that the plaintiff would have to rest his claim of wrongful termination on the common law rather than on the Constitution. Id. at 900. The court was of the opinion, however, that “an important public policy is in fact implicated wherever the power to hire and fire is utilized to dictate the terms of employee political activities,” id., and that “ft]he protection of important political freedoms ... goes well beyond the question whether the threat comes from state or private bodies.” Id. (emphasis added). The court therefore remanded the ease for trial.

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